Week Ahead in Insurance: May 24, 2021 – Reuters

Here are some events of interest to the Insurance Law community this week. All times are local unless otherwise noted.

Tuesday, May 25

2 p.m. – Insurance-defense attorney and blogger Laura Gregory of Sloane and Walsh offers her list of “Top 10(ish) Insurance Cases and Trends for 2020-2021” in a one-hour webinar for in-house counsel and claims lawyers, sponsored by the National Association of Mutual Insurance Companies (NAMIC). Topics include first- and third-party claims, personal lines, commercial policies, and COVID-related litigation trends. NAMIC registration is required. For details, go to https://www.namic.org/edu/webinars

Wednesday, May 26

Wednesday, May 26

9:30 a.m. – Court-appointed lawyers from Williams & Connolly arguing on behalf of a Chicago teacher will urge a 7th U.S. Circuit Court of Appeals to rule that a retirement plan that covers a significant number of private-sector workers is not a “governmental plan” exempt from the Employee Retirement Income Security Act of 1974. Tamika Graham sued the city’s board of education for attempting to collect insurance premiums for a period during which she had been suspended. But a judge found the board’s benefits plan was a “governmental plan” even though it covered many employees of private charter schools.

The case is Graham v. Board of Education of the City of Chicago, 7th U.S. Circuit Court of Appeals, No. 19-2745. For Graham: Whitney Hermandorfer of Williams & Connolly. For the Board of Education: Thomas Doyle.

12 noon (ET) – The Claims and Litigation Management Alliance (CLM) presents “Battery Litigation: It’s Hot!” Carly Celmer of Clyde & Co. and Sanjay Shivpuri of Markel Service discuss the anticipated growth of the global battery market, particularly for electric vehicles; the corresponding increase in battery-liability litigation; and best practices for preserving evidence and managing battery-related fire-loss claims. For more information on the one-hour webinar, go to https://bit.ly/3fx5zmh

5 p.m. – After a six-week extension, Nordstrom and its insurers face a Wednesday deadline to meet and confer on discovery issues, a trial plan, and the potential for settlement of the lawsuit the retailer filed in U.S. District Court in Seattle last March. The suit seeks a declaration that the nationwide civil unrest in the days following the fatal arrest of George Floyd last year represents a single “occurrence” as defined by its policies from XL Insurance America, ACE American, AIG Specialty, Continental Casualty, and Ironshore Specialty. Nordstrom alleged that its property damage and business interruption losses topped $25 million chain-wide, and while the insurers had already paid about $5 million, they would not concede that the unrest was a single occurrence. Treating each incident as a separate occurrence is a “transparent attempt” to keep each loss within Nordstrom’s $1 million deductible, the complaint says. The insurers’ response is due May 31. The case is Nordstrom Inc. v. XL Insurance America et al., U.S. District Court for the Western District of Washington No. 21-0290. For Nordstrom: Franklin Cordell of Gordon Tilden Thomas & Cordell. For XL and ACE: Curt Feig and Matthew Erickson of Nicoll Black & Feig. For AIG, Continental, and Ironshore: Michael Ricketts of Gordon Thomas Honeywell.

Thursday, May 27

10 a.m. – Former Treasury Department official Peter Phelan delivers the opening keynote address for the Federal Bar Association’s Insurance Tax Seminar, a two-day virtual event. The 16 CLE sessions will address prospects for tax changes in the year ahead; special areas of concern for life, P&C, and health insurers; “hot topics” in multistate taxation; recent guidance from the Insurance Branch of the IRS’ Financial Institution and Products Division, and much more. For the full agenda and list of speakers, go to https://bit.ly/34fzVEV

1 p.m. (ET) – Workers Compensation Committee Chair Charley Drummond of Fish Nelson & Holden opens the ABA Tort Trial and Insurance Practice Section’s Spring 2021 Workers Compensation Virtual Seminar. The half-day program includes three one-hour sessions: “The state of (Dis)Union in Workers’ Compensation Nationwide,” focusing on variations in state laws and regulations regarding marijuana, opioid use, and other emerging issues; “Advances in Concussion and TBI Treatment & Recovery”; and “Evolving Workers’ Compensation Issues Regarding Safe Returns to Work, Treatment, and Disability Associated with the COVID-19 Pandemic.” For more information, visit https://bit.ly/3oA0EoJ

Know of an event that could be included in Week Ahead in Insurance Law? Contact Alexia Garamfalvi at alexia.garamfalvi@thomsonreuters.com

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