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Insurance
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January 28, 2026
Arbitrator Choice Prompts New Feud In Asbestos Claims Fight
A California federal judge on Wednesday ordered a group of reinsurers to confer with Truck Insurance Exchange as the company looks to remove a "side-switching" arbitrator from a dispute over coverage for millions of dollars' worth of asbestos bodily injury claims.
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January 28, 2026
6th Circ. Affirms Retailer Not Insured For Pandemic Losses
The Sixth Circuit has upheld a Tennessee federal court's decision denying a national clothing retailer's bid for coverage for COVID-19 pandemic-related costs, ruling the lower court conducted its "choice of law" analysis correctly and that Tennessee and Pennsylvania laws bar coverage.
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January 28, 2026
Insurer Claims No Duty In Crash Suit Against Vape Shop
A deadly car accident underpinning a lawsuit against a North Carolina-based vape and smoke shop occurred several miles away from the store's grounds, so exclusions in the shop's commercial insurance policy preclude coverage, the insurer's counsel told a North Carolina state appeals court Wednesday.
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January 28, 2026
Fla. Court Undoes Class Cert. Of Medicare Cos. In USAA Suit
A Florida state appeals court on Wednesday reversed class certification for a group of Medicare-contracted businesses suing USAA Casualty Insurance Co. over allegations the insurer sidestepped its obligation to pay automobile injury claims and passed them on to so-called secondary payers.
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January 28, 2026
5th Circ. Denies Insurers' Bid To Arbitrate Storm Damage Suit
The Fifth Circuit held Tuesday that domestic insurers can't compel arbitration or establish federal jurisdiction by relying on foreign insurers' involvement in a surplus line policy in which each insurer has its own agreement with the purchaser.
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January 28, 2026
NY Firm And Medical Providers Defrauded Insurers, Suit Says
An insurer accused a law firm and a collection of medical providers and professionals of engaging in a scheme to defraud insurers through sham lawsuits and inflated medical bills, telling a New York federal court that the defendants have enriched themselves "at the expense of justice, equity and human dignity."
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January 27, 2026
Split 9th Circ. Backs Blue Shield Win In Residential Care Row
A split Ninth Circuit panel on Tuesday held Blue Shield of California did not abuse its discretion in declining to cover an adolescent's stay at a mental health treatment facility, rejecting arguments on appeal that the insurer wrongly went against the recommendations of treating physicians.
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February 09, 2026
Law360 Seeks Members For Its 2026 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.
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January 27, 2026
Progressive Urges 4th Circ. To Decertify Car Valuation Class
Progressive told the Fourth Circuit to undo class certification of auto insurance customers in North Carolina challenging how it calculates adjustments for total loss claims, citing the court's decision last year in a "materially identical case" in which certification was reversed.
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January 27, 2026
NC Medical Practice Will Pay $8.8M To End False Billing Suit
Bethany Medical Center PA and its founder have agreed to shell out $8.8 million to settle allegations that they violated state and federal law for years after billing Medicare, Medicaid and Tricare for unnecessary urine drug tests, according to a Tuesday announcement from the North Carolina Attorney General.
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January 27, 2026
Driver Must Repay Trucking Co.'s Insurer $4M For Crash Deal
A driver must repay a trucking company's insurer the $4 million it paid toward a $10 million settlement of suits stemming from a fatal multivehicle crash, a Georgia federal court ruled Tuesday, finding that the driver and trucking company were joint tortfeasors for purposes of contribution.
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January 27, 2026
Del. Supreme Court Backs Harman In $28M Coverage Fight
The Delaware Supreme Court on Tuesday affirmed a lower court ruling requiring insurers to cover a $28 million settlement paid by Harman International to resolve stockholder litigation over its $8 billion sale to Samsung, disagreeing that the payment amounted to a prohibited postdeal "bump-up" in merger consideration.
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January 27, 2026
$1M Payout For Shooting Sought In Bad Faith, Insurer Says
An insurer for a company that provided security at a North Carolina apartment complex where a resident was fatally shot doubled down on counterclaims that a pair of Allied World insurers withheld critical information leading up to a settlement with the resident's estate.
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January 27, 2026
11th Circ. May Scuttle Appeal Amid Trafficking Coverage Spat
An Eleventh Circuit panel suggested Tuesday that procedural hurdles could stymie an insurance company's bid to get out of defending an Atlanta-area motel from sex trafficking claims that led to the motel being hit with a $40 million verdict last summer.
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January 27, 2026
Insurer Says No More Coverage For $4M Trafficking Judgment
An insurer said it owes no additional coverage to a Wyndham hotel franchisee that was ordered to pay the hotel chain over $4 million for settling an underlying sex trafficking suit, telling a Pennsylvania federal court that payment is limited to $100,000.
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January 27, 2026
Troubled Apt. Co-Op Seeks $6M State Loan To Clear Liens
The receiver overseeing the finances of the 924-unit Success Village Apartments has asked a Connecticut court to allow it to borrow $6 million from the state Department of Housing, which the agency has already approved, "to eliminate the many tax and utility liens" on the property.
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January 26, 2026
Anthem Seeks Dismissal Of 'Ghost Network' Class Action
A proposed class action's allegations that Anthem Health Plans maintains inaccurate mental health directories known as ghost provider networks aren't true and are "legally deficient," the insurer and its parent company, Elevance Health Inc., argued while urging a Connecticut federal court to toss the suit.
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January 26, 2026
Chubb Policies May Provide Coverage In Kiwanis Abuse Fight
A Washington federal court has largely rejected efforts by child sex abuse survivors to broaden coverage for a $21 million settlement resolving claims against a Kiwanis International-affiliated boys foster home, but found that limited coverage may be available under a Chubb unit's policies.
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January 26, 2026
11th Circ. Backs MetLife's Death Benefits Denial
The Eleventh Circuit on Monday upheld MetLife's denial of accidental death benefits to a federal government worker who died days after she broke her leg and ankle exiting a vehicle, finding the insurer's exercise of an exclusion for contributing underlying physical illnesses wasn't arbitrary or capricious.
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January 26, 2026
Helmet Co. Says AIG Unit Must Defend It From Defect Claims
Lexington Insurance Co. ignored a helmet designer's repeated requests for coverage in a lawsuit alleging that product defects caused a helmet to come off a motorcycle rider's head during a collision, the manufacturer told a California federal court.
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
Ore. Co. Not Covered In Apartment Defect Row, Insurer Says
An insurer said it has no duty to defend or indemnify a waterproofing subcontractor against claims stemming from moisture intrusion at an Oregon apartment complex, telling a federal court that there is a dispute whether the alleged property damage occurred during the policy period.
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January 26, 2026
Insurer Says Primary Carrier Reneged On Defense Coverage
A primary insurer owes reimbursement of defense costs for several underlying lawsuits brought against a property owner and construction company that were additional insureds, another carrier told a New York federal court, arguing that the primary insurer previously agreed to offer coverage but reneged without reason.
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January 26, 2026
Geico Pays $900K Settlement To End Call Center OT Suits
Geico will pay $900,000 to settle several suits, all accusing the insurance company of not paying call center workers for preshift and postshift work, after a Georgia federal judge gave the deal final approval.
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January 23, 2026
Conn. High Court Snapshot: $13.2M Estate Tax Tops January
The state of Connecticut's attempt to collect $13.2 million in taxes from the estate of a healthcare executive and a hospital's potential liability for releasing a mental health patient who later killed his girlfriend are two of the top cases on the Connecticut Supreme Court's January and February docket. Here are the highlights of the court's fourth term of its 2025-2026 season.
Expert Analysis
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4 California Insurance Law Decisions To Know From 2025
California continued to shape the national insurance landscape in 2025, issuing a series of decisions that may recalibrate claims handling, underwriting strategy and policy drafting in areas from property damage claims after a wildfire to automobile coverage for delivery drivers in the gig economy, say attorneys at Nicolaides Fink.
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5 Coverage Considerations For Couture And Cosmetics Cos.
Fashion, beauty and cosmetic companies getting ready for 2026 shouldn't neglect important insurance considerations, including stand-alone policies for specialized risk and check-ins with supply chain partners on policy requirements, say attorneys at K&L Gates.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
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Ruling Upholds $11M Arbitration Award, Offers D&O Lessons
A New York federal court's recent decision in Flextronics v. Allianz, sustaining an $11 million arbitration award against the insurer, represents a significant affirmation of core policyholder protections in directors and officers insurance, specifically those dealing with allocation, insurability and best-efforts obligations, say attorneys at Lowenstein Sandler.
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7 Strategies To Optimize Impact Of Direct Examination
Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.
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M&A Midmarket Shows Resilience Amid 2025 Challenges
Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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2025 State AI Laws Expand Liability, Raise Insurance Risks
As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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What Trump Order Limiting State AI Regs Means For Insurers
Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities
Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Tapping Into Jurors' Moral Intuitions At Trial
Many jurors approach trials with foundational beliefs about fairness, harm and responsibility that shape how they view evidence and arguments, so attorneys must understand how to frame a case in a way that appeals to this type of moral reasoning, says Steve Wood at Courtroom Sciences.