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Insurance
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July 16, 2025
Bojangles Insurer Must Cover Settled Rape Suit, Court Rules
A Bojangles franchisee's insurer had a duty to cover it in a now-settled civil lawsuit alleging that a manager at one of the franchisee's locations raped an employee who was a minor, a Georgia federal court ruled Wednesday, finding that one of two coverage forms at issue was triggered.
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July 16, 2025
Insurer Says LA Property Owner's Coverage Capped At $1.8M
An insurer said it has paid all benefits owed to a property owner seeking an additional $2.1 million in coverage for fire damage, telling a California federal court Wednesday that the owner is trying to hold it responsible for its own failure to adequately insure the property.
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July 16, 2025
Materials Co. Must Reimburse Chubb For $2.5M Settlement
A building materials supplier must reimburse two Chubb units for their $2.5 million payment to settle a lawsuit against the supplier over a railcar collision, a North Carolina federal court ruled, further rejecting the supplier's claims that they acted in bad faith and violated the state's deceptive trade practices law.
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July 16, 2025
Avon Insurers Say Ch. 11 Was Filed In 'Bad Faith'
A group of insurance carriers that issued coverage to Avon has asked the Delaware bankruptcy court to dismiss or convert the cosmetics company's Chapter 11 case, arguing the debtor filed its petition in "bad faith" and lacks a valid purpose for the bankruptcy.
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July 16, 2025
Gordon Rees Opens Permanent Downtown Cleveland Office
Gordon Rees Scully Mansukhani LLP announced Tuesday the official opening of a permanent office located in Cleveland.
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July 15, 2025
Insurers Prevail In $59M Mishandled Remains Row At 9th Circ.
Two insurers for a provider of medical training have no duty to cover a $58.5 million civil judgment against a man found liable for mishandling donated bodily remains, the Ninth Circuit ruled Tuesday, though also allowing the underlying claimants to still pursue bad faith claims against the insurers.
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July 15, 2025
Calif. Homeowners Win Cert. In State Farm Underpayment Suit
A California federal court certified a class of nearly 200,000 homeowners alleging State Farm systematically underpaid property insurance claims in violation of the state's insurance code, ruling Tuesday that the plaintiffs offered a feasible methodology for calculating damages classwide and demonstrated that class members are identifiable.
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July 15, 2025
Ex-Navistar Worker Sues Over Tobacco Health Fee
A former employee sued International Motors LLC, formerly Navistar, in Illinois federal court Monday, saying it imposes "discriminatory and punitive health insurance surcharges" on workers who smoke without offering an alternative that would allow them to recoup the additional $600 they pay annually.
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July 15, 2025
State Farm 'Maliciously' Denied Property Coverage, Court Told
A California property owner accused State Farm of "maliciously" denying its property insurance claim in a lawsuit removed to federal court, further alleging that the insurer intentionally ignored evidence of the extent of the property damage.
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July 15, 2025
Property Co. Says Storm Coverage Row Can't Be Arbitrated
The owner of a New Orleans luxury apartment and retail complex urged the Fifth Circuit to affirm a lower court's decision to vacate a previous order forcing it to arbitrate its $7 million Hurricane Ida damage claims against a group of domestic insurers, saying Louisiana law applies and bars arbitration.
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July 14, 2025
BCBS Defends $2.8B Provider Antitrust Deal Amid Objections
Blue Cross Blue Shield asked an Alabama federal judge on Friday to approve a $2.8 billion antitrust settlement with hospitals and other healthcare providers over its territorial policies, arguing that recent objections to the deal's release provision are meritless and the settlement preserves "key, procompetitive features" of the insurance system.
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July 14, 2025
Cigna Denies Responsibility For Alleged Health Data Breach
Cigna has asked a Pennsylvania federal judge to throw out class claims by health plan members alleging it failed to protect their private data, arguing they didn't show how their sensitive information was intercepted from the insurer's websites.
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July 14, 2025
Assault Exclusion Bars Drywall Co.'s Murder Coverage Bid
A drywall company's insurer has no duty to cover the business in a pending wrongful death lawsuit over a woman's murder, a Texas federal court ruled Monday, saying that both "common sense" and a "plethora of caselaw" support its finding that an assault and battery exclusion applies.
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July 14, 2025
Insurer Seeks $1M Coverage Cap Over 175 Silica Suits
An insurer for a manufacturer of countertops told a New York federal court that only one primary environmental liability policy it issued applies to roughly 175 lawsuits seeking damages for exposure to silica, pointing to "deemer provisions" relating to coverage for "progressive or indivisible" bodily injury.
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July 14, 2025
BNSF Can't Toss Indemnity Claim In Flood Coverage Suit
Two Travelers insurers may proceed with their claim that they have no duty to indemnify railway giant BNSF in a suit alleging that a track relocation project the company undertook caused significant flooding on a property owner's land, a California federal court ruled Monday.
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July 14, 2025
Insurer Needn't Defend Texas Ranch In Horse Abuse Suit
An insurer has no duty to defend an equestrian facility against claims that its negligence contributed to the injury, neglect, and even death, of horses that were kept on its property, a Texas federal court ruled, reserving any ruling on the insurer's duty to indemnify for a later date.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
Homeowners Must Take Water Damage Coverage Suit To Trial
A suit brought by Illinois homeowners seeking more than $5 million in coverage for damage caused by a burst pipe during an extreme temperature drop is headed to trial after an Illinois federal court found that too many issues of material fact remain unresolved.
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July 11, 2025
Florida Insurer Sued For Alleged Bias In Arbitration Process
A 92-year-old Miami resident has brought a petition against one of Florida's largest property insurers over redirecting disputes away from courts and into state arbitration hearings, described as forums with biased administrative law judges who shield the company from legal liability.
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July 11, 2025
7th Circ. Affirms End To Vandalism Dispute Over Key Records
The Seventh Circuit upheld discovery sanctions against an Indianapolis hotel owner after an Indiana federal court found it repeatedly failed to hand over records relating to whether the property was deemed "vacant" per the terms of its property insurance policy with a Liberty Mutual unit.
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July 11, 2025
Coverage For RV Dealer's $1.2M Fraud Loss Limited To $100K
A Texas federal court tossed an RV dealer's suit seeking to recover more than $1 million it lost after transferring funds to a fraudster posing as a general contractor, saying the dealer's insurer already paid the maximum amount owed under the policy's deception fraud provision.
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July 11, 2025
'Sketchy' Details Of Doc's Death Leave Fraud Case In Limbo
A Manhattan federal judge said Friday that he would consider dismissing charges against a New York City doctor accused of facilitating a $70 million insurance fraud if his death is confirmed, but cited ongoing questions over his purported demise in a boating accident.
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July 11, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen HS2 hit with a defamation claim by two ex-employees who blew the whistle on alleged under-reporting of costs, Craig Wright and nChain face legal action brought by its former chief financial officer over a fraud scheme, and pro-footballer Axel Tuanzebe bring a clinical negligence claim against his former club Manchester United F.C. Here, Law360 looks at these and other new claims in the U.K.
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July 10, 2025
Chubb Units Say Conn. City Owes $1.8M For Water Main Break
Two Chubb units told a Connecticut federal court that the city of New Britain must reimburse them for over $1.8 million in coverage payments for a water main break that they said caused severe flood damage, arguing local authorities took too long to step in.
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July 10, 2025
Insurer Wants Out Of Horse Co.'s $3.2M Theft Coverage Fight
An insurer for an equestrian and his company that faced theft claims urged a Florida federal court to toss a coverage action from the underlying plaintiff, arguing it lacks standing to claim the insurer wasted policy benefits while defending insureds and left nothing for an eventual $3.2 million settlement.
Expert Analysis
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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How Insurance Policies Are Adapting To AI Risk
While many risks related to artificial intelligence may still fit under existing commercial insurance policies, the rise of broad AI exclusions, the definitional uncertainties surrounding what qualifies as AI and the emergence of affirmative AI coverage signal a shift toward a more fragmented and complex coverage environment, say attorneys at Hunton.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Del. Dispatch: General Partner Discretion In Valuing Incentives
In Walker v. FRP Investors, the Delaware Court of Chancery recently held that the general partner of a limited partnership breached its obligations when determining the threshold value of newly issued incentive units, highlighting the court's willingness to reconstruct what a reasonable determination of value by a general partner should have been, say attorneys at Fried Frank.