Upcoming insurance week: August 9, 2021
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(Reuters) – Here are some events of interest to the insurance law community this week. All times are local, unless otherwise noted.
Wednesday August 11
9 a.m. – 9th U.S. Court of Appeals to hear first COVID-19 loss of operating income insurance cases, as three groups of policyholders appeal dismissal of their lawsuits in federal courts from Arizona and California. According to the Covid Coverage Litigation Tracker compiled by the Carey Law School at the University of Pennsylvania and the University of Connecticut Insurance Law Center, the 9th circuit had 60 pending COVID-related appeals, representing more than a third of all federal appeals. to August 31. 5. Wednesday’s business is: Chattanooga Pro Baseball c. National Casualty Co., No. 20-17422; Selane Products Inc. v. Continental Casualty Co., No. 21-55123; and Mudpie Inc. v. Travelers Casualty Ins., No. 20-16858. For Chattanooga Pro Baseball: Orrie Levy of Cohen Ziffer Frenchman & McKenna. For National Casualty: Brian Cabianca of Squire Patton Boggs. For Selane products: Kirk Pasich of Pasich LLP. For Continental Casualty: Kannon Shanmugam from Paul, Weiss, Rifkind, Wharton & Garrison. For Mudpie: Andre Mura of Gibbs Law Group. For travelers: Theodore Boutrous Jr. of Gibson, Dunn & Crutcher.
9 a.m. – The same 9th Circuit panel will consider United Behavioral Health’s appeal of a finding that it violated ERISA by using unreasonable standards to deny coverage for mental health and addiction treatment, and an order requiring it to reprocess approximately 66,000 of these claims using guidelines developed by groups of mental health providers, in a process overseen by a special master. U.S. Chief Justice Joseph Spero of the Northern District of California rendered the decisions following a class action lawsuit filed in 2014. The 9th Circuit suspended reprocessing in awaiting the outcome of this appeal lodged by UBH, a company of the UnitedHealth group. UBH argues that Spero failed to assess its guidelines against the appropriate standard of abuse of discretion and that the recourse for restatement is too broad. The case is David Wit et al. v. United Behavioral Health, 9th US Circuit Court of Appeals No. 20-17363. For Wit et al. : Caroline Reynolds of Zuckerman Spaeder. For UBH: Miguel Estrada of Gibson, Dunn & Crutcher.
5 p.m. ET – Michael Chang, CEO of Sompo Global Risk Solutions, will deliver a keynote address on the “new normal” in the insurance industry to open CLM 2021, the Claims and Litigation Management Alliance’s annual conference in Atlanta. The three-day event features plenary sessions on industry game-changers like artificial intelligence and ‘runaway verdicts’, as well as over 100 breakout sessions, including’ Hot Topics Regarding the right to independent advice ”; “Level the playing field of bad faith”; “COVID-19 and its impact on claims against professionals”, and more. For the full agenda, go to https://bit.ly/2VxFRYy
Thursday August 12
9 a.m. – The 11th U.S. Court of Appeals will hear the appeal of viatic insurance investor Sterling Crum against a ruling that one of its investments was void ab initio, as an illegal bet on the human life, because the insured had obtained the policy with the “unilateral intention” to sell it to an investor later. Crum argues that canceling a policy on the basis of the insured’s intention to time of purchase represents an unprecedented and erroneous extension of Georgian law, which prohibits life insurance policies of foreign origin (often referred to as STOLI), in which the beneficiary arranging the purchase has no interest insured in the life of the insured. The insured in this case had arranged and purchased the policy on his own life, designating his estate as beneficiary. He sold it to Crum a year later through the intermediary broker and duly filed a change of beneficiary form. died six years after the transfer – well beyond the police’s two-year contestation period, Crum argues. The case is Crum v. Jackson National Life Insurance Co., 11th United States Circuit Court of Appeals No. 20-11280. For Crum: Scott Zweigel from Parker Hudson Rainer & Dobbs. For Jackson National: Michael Miller of Cozen O’Connor.
Saturday August 14
1 p.m. ET – The National Association of Insurance Commissioners opens its 2021 National Summer Meeting, a four-day live, virtual event in Columbus, Ohio. The program features a mix of regulator-only and public sessions, including several task force reports and question-and-answer sessions. The meeting concludes Tuesday with “Catastrophe Risk in Times of Social Inflation,” a report from the NAIC Center for Insurance Policy and Research on data, tools and methods for assessing the potential impact of existing exposures and emerging on P&C insurers. . For more details go to https://www.naic.org/meetings_events.htm
Do you know of an event that could be included in Week Ahead in Insurance Law? Contact Alexia Garamfalvi at [email protected]