Zelle Hofmann Voelbel & Mason LLP

Competing Claims Challenges And The Right To Recover

Your insured is sued, along with several other additional or named insureds. You receive a policy limits demand that is reasonable, but the limit is insufficient to settle all claims against all of the defendants. What do you…more

Beneficiaries, Interpleaders, Policy Limits, Subsidiaries, Third-Party

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And Another Texas Court Realizes What The Hail Is Going On?

Another Texas court -- this time in the Valley -- has realized What The Hail Is Going On? Nino vs. State Farm Lloyds is identical to thousands of hail damage lawsuits presently pending in the Valley. Most of these…more

Claims Adjusters, Federal Rules of Civil Procedure, Insurance Investigations, Property Damage, Property Insurance

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That is SO last week - June 2015 #3

Last week's historic U.S. Supreme Court decision on same-sex marriage dominated the news across the country. Among its many effects, this ruling means that human resources departments will be busy revising Family and Medical…more

Discrimination, EEOC, FMLA, GINA, Hiring & Firing

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Texas High Court Doesn’t Take Fishing Expedition Bait

There will be no more fishing in Texas in unrelated claim files. The Supreme Court of Texas has summarily ended any debate as to whether discovery of an insurer’s claim files for other policyholders is permissible — it is not…more

Discovery, Good Faith, Insurers, Property Damage

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Will Insurers Respond To The Texas Floods?

May 2015 was a month of record rain for Texas. Meteorologists reported that in May alone, 37.3 trillion gallons of water fell in Texas — enough to cover the entire state with 8 inches of water. The nonstop barrage has caused…more

Business Interruption, Flood Insurance, Flooding, Policy Exclusions, Property Damage

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Looking At Angles Of Liability After A Cyberattack

All employers have personnel data on their information technology systems and devices. This data includes personally identifiable information such as names, addresses, birth dates and Social Security numbers of employees and…more

Commercial Insurance Policies, Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach

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2 Years After Comcast, Little Has Changed

The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification “game-changer” that raised the bar for plaintiffs seeking class certification in competition and other class cases —…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Federal Rules of Civil Procedure

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The Perilous 'Superperil' Ruling In NJ Storm Surge Case

The Superior Court of New Jersey, Essex County's ruling in Public Service Enterprise Group Inc. v. Ace American Insurance Co. on March 23 follows a line of thought advanced by many policyholder lawyers that included a definition…more

Flood Insurance, Flooding, Hurricane Sandy, Insurance Litigation, NJ Supreme Court

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Can A House Be An Advertisement? The 5th Circ. Thinks So

In the world of general liability insurance policies, it is not uncommon for policies to exclude coverage for claims resulting from copyright or trademark infringement, while covering claims resulting from “advertising injury.”…more

Advertising Injury, Commercial General Liability Policies, Construction Industry, Construction Project, Copyright

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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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A Primer on Insurance Underwriting in China

China is one of the largest and fastest-growing insurance markets in the world. It provides the global insurance and reinsurance industry with tremendous opportunities but also presents challenges with its unique legal and…more

Cancellation Rights, China, CIRC, Claims Procedures, Global Market

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Don’t Mess With Texas Adjusters In Hail Damage Claims

Texas hail claim policyholder lawyers, like many plaintiffs’ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to…more

Citizenship, Claims Adjusters, Diversity Jurisdiction, Insurance Litigation, Jurisdiction

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What O’Bannon Means For NCAA's Next Round Of Litigation

After a three-week trial and five years of litigation, the “[m]ost important trial in sports history” — O’Bannon v. National Collegiate Athletic Association — concluded last month, culminating in what some have said is the most…more

Athletes, College Athletes, Colleges, NCAA

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Is Laminate Flooring The New Drywall For Insurers?

Recent media reports alleging that certain laminate flooring manufactured in China and distributed in the U.S. contains unsafe levels of formaldehyde may have a familiar and frightening ring to them, particularly for insurers…more

Chemicals, China, Formaldehyde, Health and Safety, Laminate Flooring

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LLCs Not Subject To Texas Attorney Fee Statute ... For Now

In a matter of first impression, the United States District Court for the Northern District of Texas recently held that Section 38.001 of the Texas Civil Practice and Remedies Code — the statutory provision allowing a plaintiff…more

Attorney's Fees, Breach of Contract, LLC, Prevailing Party

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A Primer on Insurance Underwriting in China

China is one of the largest and fastest-growing insurance markets in the world. It provides the global insurance and reinsurance industry with tremendous opportunities but also presents challenges with its unique legal and…more

Cancellation Rights, China, CIRC, Claims Procedures, Global Market

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Texas Claims Are Getting Nasti: The Insured’s Burdens

Texas courts have long taken the position that “[w]hen covered and excluded perils combine to cause an injury, the insured must present some evidence affording the jury a reasonable basis on which to allocate damages.” “Failure…more

Calculation of Damages, Evidence, Insurance Litigation, Property Damage, Property Insurance

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Weathering Winter Storm Juno With Roof Collapse Coverage

For most of the Northeast, this winter was off to a slow start in terms of snowfall. That was, however, until winter storm Juno paralyzed much of the Eastern Corridor and resulted in eye-popping, 3-foot-plus snow totals in some…more

Business Interruption, Commercial General Liability Policies, Commercial Insurance Policies, Multiple Occurences, Property Damage

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Insurers Be Warned, Your Communications Are Discoverable

Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery of…more

Confidential Communications, Discovery, Insurers, Reinsurance

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Retaliation: Realities and Myths

Unlawful workplace retaliation can take several forms, and claims for retaliation arise under a number of different statutes and common law theories. Workers compensation statutes, for example, contain provisions that prohibit…more

Adverse Employment Action, Corporate Counsel, Discrimination, EEOC, Employer Liability Issues

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A Wake-Up Call To Counsel Over ESI Discovery

The recent case of Brown v. Tellermate Holdings Ltd. is noteworthy for its imposition of near-terminal evidentiary sanctions, and order directing counsel and defendant to jointly pay plaintiffs’ cost of bringing motions to…more

Discovery, Electronically Stored Information, Federal Rules of Civil Procedure, Rule 26

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2 Years After Comcast, Little Has Changed

The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification “game-changer” that raised the bar for plaintiffs seeking class certification in competition and other class cases —…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Federal Rules of Civil Procedure

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Texas Court Talks Insurance And Actual Cash Value

When an insured suffers a property loss, the insurance policy defines the parameters of recovery. Typically, a property insurance policy’s default valuation provision for a property loss is the actual cash value of the property…more

Cash Value, Commercial Property Owners, Insurance Litigation, Motions in Limine, Property Damage

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Keeping Pace With Texas Hail Claim 'Case-Runners'

Texas insurance carrier clients writing significant property insurance business in Texas all confirm a disturbing trend. Historically, Texas insurers have seen less than 2 percent of their property insurance claims result in a…more

Homeowner's Insurance, Hurricane Ike, Insurers, Property Damage, Property Insurance

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A Wake-Up Call To Counsel Over ESI Discovery

The recent case of Brown v. Tellermate Holdings Ltd. is noteworthy for its imposition of near-terminal evidentiary sanctions, and order directing counsel and defendant to jointly pay plaintiffs’ cost of bringing motions to…more

Discovery, Electronically Stored Information, Federal Rules of Civil Procedure, Rule 26

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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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Loss In English-Spanish Translation Can Cost Insurers

Some terms frequently found in (re)insurance contracts and statutes have different meanings in common law, English-speaking jurisdictions than they do in civil law, Spanish-speaking countries. It is critical for (re)insurers…more

Insurance Industry, Insurers, Latin America, Reinsurance

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Competing Claims Challenges And The Right To Recover

Your insured is sued, along with several other additional or named insureds. You receive a policy limits demand that is reasonable, but the limit is insufficient to settle all claims against all of the defendants. What do you…more

Beneficiaries, Interpleaders, Policy Limits, Subsidiaries, Third-Party

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What O’Bannon Means For NCAA's Next Round Of Litigation

After a three-week trial and five years of litigation, the “[m]ost important trial in sports history” — O’Bannon v. National Collegiate Athletic Association — concluded last month, culminating in what some have said is the most…more

Athletes, College Athletes, Colleges, NCAA

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Texas Insurers: Don’t Forget ‘Excessive Demand Doctrine’

With the onslaught of recent hail and other weather related litigation, insurance carriers routinely see excessive and unreasonable settlement demands in statutorily required presuit notice letters. The “excessive demand…more

Attorney's Fees, Defense Strategies, Insurance Industry, Insurers

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A Primer on Insurance Underwriting in China

China is one of the largest and fastest-growing insurance markets in the world. It provides the global insurance and reinsurance industry with tremendous opportunities but also presents challenges with its unique legal and…more

Cancellation Rights, China, CIRC, Claims Procedures, Global Market

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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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What The Hail Is Going On With Texas Insurance Claims?

The onslaught of new hail damage lawsuits does not appear to be ending anytime soon. The docket of every county in which a significant hail event has occurred in recent years sees numerous new hail damage lawsuit filings every…more

Property Damage, Property Insurance, Replacement Costs

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Pay-For-Delay In 2014: Courts Fill In The Actavis Gaps

A little more than one year ago, the U.S. Supreme Court decided Federal Trade Commission v. Actavis Inc. and affirmed that antitrust principles apply to reverse payment settlement agreements — those in which a brand-name drug…more

FTC v Actavis, Generic Drugs, Hatch-Waxman, Patent Infringement, Pay-For-Delay

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Texas High Court Clarifies Multiple Perils Coverage Scope

Often damage to a building or structure can be the result of multiple perils. One of the most common examples is when a windstorm causes a building to sustain both flood and wind damage. Based on the policy language at issue,…more

Insurance Litigation, Property Damage, Scope of Coverage, TX Supreme Court, Water Damage

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Finding Peace When Settling U.S. and EU Price-Fixing Claims

The great majority of private antitrust disputes are resolved through settlements. One of the key challenges for policymakers, practitioners, consumers and businesses is how to efficiently resolve cross-border price-fixing…more

Antitrust Litigation, Cartels, Class Action, Cross-Border Transactions, EU

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Contact

500 Washington Avenue South Suite 4000
Minneapolis, MN 55415, United States

  • 612-339-2020
  • 612-336-9100

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Real Estate
  • Securities Law
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Massachusetts
  • Minnesota
  • Texas
Other Countries
  • China
  • United Kingdom
Number of Attorneys

50-100 Attorneys

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