Zelle Hofmann Voelbel & Mason LLP

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Kaisa Adams

Lessons From Past Give Guidance To Sandy-Related Claims

Originally published in Insurance Law360 on January 15, 2013. In the aftermath of Hurricane (or post-tropical cyclone) Sandy, insurers and insureds alike will face a number of complicated insurance coverage issues, to which…more

Business Interruption, Catastrophic Events, Civil Authority Coverage, Hurricane Sandy, Ingress/Egress

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Steven Badger

What The Hail Is Going On In Texas?

Every lawyer knows that most state court lawsuits fall into a few general categories: slip and falls, auto accidents, employment disputes and collection actions. Year after year after year, the majority of state court lawsuits…more

Commercial Property Owners, Homeowner's Insurance, Insurers, Premiums, Property Damage

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Brad Brewer

Surplus Lines Insurance in Texas: A Dark Horse

Texas is the second largest surplus lines insurance market in the United States, collecting over $4 billion in premiums annually. Surplus lines insurance is important as it can provide insurance to those whose needs are not met…more

Cyber Attacks, Cyber Insurance, Surplus Lines Insurance

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Lindsey Bruning

Outside Party Lines: A Guide To Texas Nonparty Discovery

Discovery of information is one of the most important aspects of litigation — it allows both parties to identify the facts that support their claims or defenses. Because of this, some of the largest battles an attorney faces in…more

Discovery, Request For Information, Subpoenas

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Thomas Caswell, III

2014 May Be Cyber Insurance's Most Popular Year Yet

February 2014 may ultimately be seen as the month when the cyber insurance coverage market really began. Although certain insurance companies are writing cyber coverage, and some insureds have acquired that coverage, neither…more

Cyber Insurance

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Patrick Clayton

Indirect-Purchaser Exceptions To Illinois Brick Continue

Originally published in Competition Law360 on January 25, 2013. Consumers seeking to recover for economic harm caused by anti-competitive conduct often run headlong into the so-called Illinois Brick wall: Antitrust damages…more

ATM Fee Antitrust Litigation, Cathode Ray Tube, Illinois Brick, Indirect Purchasers, Price-Fixing

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Thomas Cook, Jr.

The Missing Link In Business Interruption Coverage Claims

Suppose you are counsel for a policyholder impacted by a damaging storm, hurricane or other catastrophic event. Your client reports that it sustained property damage and a significant business interruption loss. You are asked to…more

Business Interruption, Catastrophic Events, Property Damage

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Lindsey Davis

Why Growth In Nanotechnology Matters To Insurers

Nanotechnology, an all-encompassing term for nanoscale science, engineering and technology, is the understanding and control of matter at dimensions of roughly 1 to 100 nanometers. One nanometer is one-billionth of 1 meter. The…more

DOL, Hazardous Substances, Insurers, Nanotechnology, OSHA

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Qianwei Fu

Where To Bring Damages Claims In EU Int’l Cartel Cases?

As Europe continues to open its door to private damages actions, questions arise as to where to bring claims against international cartelists. In this article, we provide a simplified overview of the highly complex set of rules…more

Antitrust Litigation, Cartels, EU

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Jennifer Gibbs

Surplus Lines Insurance in Texas: A Dark Horse

Texas is the second largest surplus lines insurance market in the United States, collecting over $4 billion in premiums annually. Surplus lines insurance is important as it can provide insurance to those whose needs are not met…more

Cyber Attacks, Cyber Insurance, Surplus Lines Insurance

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Richard Hagstrom

Ongoing Tension Between Filed-Rate And State Doctrines

In a Sept. 13, 2012 Competition Law 360 article, we discussed the Third Circuit’s opinion in McCray v. Fid. Nat’l Title Ins. Co., in which the Third Circuit applied the filed-rate doctrine to title insurers’ rate filings with…more

Competition, Filed-Rate Doctrine, State Action Doctrine, Title Insurance

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Kristin Suga Heres

5th Circ. Continues Pro-Appraisal Trend In Texas

While appraisal is a method of dispute resolution commonly provided for in insurance contracts, many jurisdictions lack a well-developed body of case law addressing questions relating to the scope of appraisal, the role of party…more

Appraisal, Appraisal Awards

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Andrew Howell

In Texas, Waiving Right To Appraisal Takes Prejudice

Texas has perhaps the most substantive body of law on insurance appraisal. In recent years, Texas courts have issued a plethora of appraisal-related decisions covering a vast assortment of topics. Some provide clarity on the…more

Appraisal, Property Insurance, Texas

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Seth Jackson

Oil Spill Derailments Pose Challenge For Insurers

In the past year alone, five fiery oil train derailments have made front-page news by causing both catastrophic bodily injury and property damage in rural towns across Canada and the United States, including the 74-car freight…more

Commercial General Liability Policies, Oil & Gas, Oil Spills, Railroads

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Eric Mandel

The Nuts And Bolts Of Social Media Discovery

I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled “A Hurdle to Obtaining Electronic Evidence.” As explained by the Ninth…more

Discovery, Evidence, Fourth Amendment, Right to Privacy, Social Media

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Christopher Micheletti

Incentive Award Guidance From Recent Class Actions

Class representatives play a vital role in competition and other class actions. They participate in the litigation process as an individual plaintiff would — devoting their time and resources to the case, and undertaking…more

Class Action, Class Representatives, Incentive Awards, Risk Management, Settlement

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Shannon O'Malley

A Whole Lotta Shaking Going On In Central US

When underwriters evaluate potential causes of loss in the central United States, perils such as tornados and high winds, hail, and fire are generally identified as the primary risks of loss. But earthquakes? That is not a risk…more

Property Damage, Property Insurance, Underwriting

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G. Brian Odom

Insurers, Beware Of Unnamed 3rd Parties' Hidden Rights

Generally, the language of an insurance policy governs the rights to any proceeds thereunder. However, many courts recognize a number of different theories that may allow third parties not specifically named as insureds in the…more

Third-Party, Third-Party Beneficiaries

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Heather Rankie

Incentive Award Guidance From Recent Class Actions

Class representatives play a vital role in competition and other class actions. They participate in the litigation process as an individual plaintiff would — devoting their time and resources to the case, and undertaking…more

Class Action, Class Representatives, Incentive Awards, Risk Management, Settlement

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Jason Reeves

Only A Matter of Time – Prepare For Geomagnetic Storms

Originally published in Insurance Law360 on February 21, 2013. Geomagnetic storms present a unique risk to power grids, power grid customers and insurers. The modern world, and particularly the East Coast of the U.S., is…more

All-Risks Insurance, Business Interruption, Geomagnetic Storms, Infrastructure, Natural Disasters

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Shawn Stuckey

Novel Approach To Opposing Class Certification Rejected

Originally published in Competition Law360 on March 7, 2013. Current and former student-athletes are one step closer to forcing the National Collegiate Athletic Association and its member institutions to share their…more

Athletes, Class Action, Class Certification, Motion To Strike, NCAA

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Todd Tippett

Texas Reminds Insurers of the Benefits of ADR Appraisals

Ever since the Texas Supreme Court drastically broadened the scope of appraisal in State Farm Lloyds v. Johnson, insurance companies providing coverage in Texas have likely wondered if continuing to include an appraisal…more

Appraisal, Bad Faith

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Jose Umbert

Where To Bring Damages Claims In EU Int’l Cartel Cases?

As Europe continues to open its door to private damages actions, questions arise as to where to bring claims against international cartelists. In this article, we provide a simplified overview of the highly complex set of rules…more

Antitrust Litigation, Cartels, EU

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Karl Vasiloff

Retroactive Application of New York's Proposed Anti-Concurrent Causation Bill Faces Uphill Battle

If the recently proposed anti-concurrent causation bill in New York (Assembly No. A07455/ Senate No. S05581) is enacted, it is unclear what arguments will be made regarding its application. However, any arguments that the…more

Anti-Concurrent Causation Clauses, Hurricane Sandy, Insurers, Proposed Legislation, Retroactive Application

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David Winter

In Texas, Waiving Right To Appraisal Takes Prejudice

Texas has perhaps the most substantive body of law on insurance appraisal. In recent years, Texas courts have issued a plethora of appraisal-related decisions covering a vast assortment of topics. Some provide clarity on the…more

Appraisal, Property Insurance, Texas

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Judith Zahid

Where To Bring Damages Claims In EU Int’l Cartel Cases?

As Europe continues to open its door to private damages actions, questions arise as to where to bring claims against international cartelists. In this article, we provide a simplified overview of the highly complex set of rules…more

Antitrust Litigation, Cartels, EU

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