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Client Alert October 8, 2024

Updates on Tobacco Surcharge Class Action Litigation

In the last month, we have seen a surge in class action lawsuits filed against employers challenging health plan premiums charged to tobacco users. In this update, we provide a summary of the cases and an update on what’s next for plan sponsors and fiduciaries.

Client Alert June 18, 2024

California Supreme Court Holds That An Insured Can Access Its First-Level Excess Policy After Exhausting Only The Underlying Primary Insurance For That Policy Period

The California Supreme Court held that the standard language in commercial general liability policies allows an insured to access its excess insurance policy after exhausting its underlying primary insurance for the same policy period, not all primary insurance issued during the continuous period of injury.

Client Alert June 6, 2024

Supreme Court Holds That Insurers With Financial Responsibility For Bankruptcy Claims May Be Heard In Reorganization Proceedings

Today, the Supreme Court unanimously held that an insurer with financial responsibility for bankruptcy claims is a “party in interest” under the Bankruptcy Code that has a right to participate in bankruptcy reorganization proceedings.

Client Alert May 23, 2024

California Supreme Court Holds That COVID-19 Does Not Create “Direct Physical Loss Or Damage” To Insured Property

The California Supreme Court held today that commercial property insurance policies that pay for “direct physical loss or damage to property” do not apply to losses resulting from the alleged presence of the coronavirus.

Client Alert February 27, 2024

Texas Supreme Court Allows Claimant to Sue Insurers Directly After Settlement, But Holds Settlement Agreement Does Not Bind Insurers

On February 23, the Texas Supreme Court unanimously held that an insured suffers a “loss”—and a claimant can sue the insurers directly—when the claimant and the insured settle, and the claimant agrees to look solely to the liability insurance policy for any recovery. But, because the insured doesn’t face liability beyond the insurance proceeds, the insurer isn’t bound by the settlement agreement during the subsequent coverage litigation.

Article February 24, 2022

How Courts Are Ruling On The Arbitrability Of ERISA Claims

Los Angeles partner Heather Richardson, Orange County associate Jennafer Tryck, and Washington, D.C. associate Tessa Gellerson are the authors of "How Courts Are Ruling On The Arbitrability Of ERISA Claims" published by Law360 on February 24, 2022.

Client Alert February 22, 2022

2021 ERISA Litigation Update

This year’s Annual ERISA Litigation Update summarizes key legal opinions and developments to assist plan sponsors and administrators navigating the rapidly changing ERISA litigation landscape.

Client Alert February 11, 2021

2020 Year-End ERISA Disputes Update

With the emergence of COVID-19, 2020 was a year of significant and unprecedented change in daily life and the economy. In particular, 2020 was a busy year for Employee Retirement Income Security Act (“ERISA”) lawsuits—across industries—implicating employers’ retirement and healthcare plans.