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Insurance
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July 31, 2025
10th Circ. Says Water Exclusion Bars Co.'s $1.75M Loss
A Kansas office building's property insurer has no duty to provide coverage for roughly $1.75 million in repairs over a broken water pipe, the Tenth Circuit ruled, rejecting the building owner's argument that an exception in one exclusion conflicted with a separate exclusion for water damage.
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July 31, 2025
Lloyd's, Loan Provider Settle $3M Pitcher Coverage Feud
Lloyd's of London underwriters and loan service provider RockFence Baseball LLC have settled their dispute over coverage for the $3.16 million loan of a former Minnesota Twins pitcher, after a California federal judge ordered the parties into arbitration in January 2024.
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July 31, 2025
New Orleans Diocese Working On $180M Ch. 11 Plan Docs
The bankrupt Roman Catholic Archdiocese of New Orleans asked a Louisiana judge for additional time Thursday to work on resolving opposition to its Chapter 11 plan disclosure statement that describes a $180 million settlement fund to provide recoveries to victims of childhood sexual abuse.
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July 31, 2025
Anadarko Asks 5th Circ. To Back La. Suit Indemnity Win
Anadarko Petroleum Corp. has asked the Fifth Circuit to uphold its indemnification win against an environmental remediation company in connection with a decade-old Louisiana kickback suit, writing that "one who makes his own bed must lie in it."
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July 31, 2025
Insurer Avoids Businesses' COVID-19 Coverage Claims
A property insurer for numerous restaurants, bars and other small businesses owes no coverage for their consolidated business interruption claims related to the COVID-19 pandemic, an Illinois federal court ruled, looking to the laws of Illinois, Michigan, Wisconsin, Indiana, Iowa, Minnesota and Tennessee.
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July 31, 2025
Judge Questions Gov't Objection To Shielding FEMA Funds
A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.
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July 30, 2025
State Farm Ordered To Pay $54.6M Over Vehicle Valuations
State Farm must pay more than $54.6 million across two class actions for underpaying the value of totaled vehicles via a "typical negotiation" deduction, a Washington federal court ruled, noting the plaintiffs provided "undisputed" evidence that State Farm violated the state's Consumer Protection Act.
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July 30, 2025
Fla. RV Park's Suit Against Insurance Broker Revived
A Florida appeals court on Wednesday revived a recreational vehicle park's claims that its insurance broker failed to get comprehensive insurance coverage and left the park owner on the hook for more than $1 million in hurricane damage to its RV hookup towers.
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July 30, 2025
Insurer Atty 'Error' Dooms Arbitration Bid In Fla. Injury Suit
A Florida appellate court on Wednesday agreed with a trial court that a West Palm Beach prep school has abandoned its right to arbitrate cheerleading injury claims brought by a student by filing a response to the complaint, rejecting the school's argument that its insurer-provided lawyer was unauthorized to represent it.
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July 30, 2025
Davis Polk, King & Spalding Build $2.35B AccuLynx Sale
Data analytics and technology company Verisk, advised by Davis Polk & Wardwell LLP, on Wednesday announced plans to acquire software-as-a-service company AccuLynx, led by King & Spalding LLP, in a $2.35 billion cash deal.
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July 30, 2025
Wash. Condo Group Seeks $10M In Water Damage Coverage
A condominium association said its Country Financial insurers must provide coverage for an estimated $10.4 million in hidden water damage, telling a Washington federal court the insurers have failed to make a coverage determination in the two years since the association submitted its damage claim.
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July 30, 2025
Calif. Health Group Says Insurer Must Cover Discovery Costs
California's largest private health foundation told a federal court that a Berkshire Hathaway-owned insurer failed to cover roughly $400,000 in discovery costs the foundation incurred from an executive's now-settled wrongful termination lawsuit, arguing the insurer breached its obligations despite accepting coverage twice.
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July 30, 2025
Landlords Not Covered For Lead Exposure Suit, Insurer Says
An insurer has no duty to defend or indemnify property owners accused of negligently renting out an apartment with hazardous levels of lead that injured a child, the carrier told an Illinois federal court, saying the owners' policy bars coverage for bodily injury caused by lead.
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July 29, 2025
Email Hack Info Dooms Coverage Bid For Fraudulent Payment
A trial court that excused a construction management company's insurer from covering a $673,000 reimbursement claim otherwise characterized as a negligent contract breach was right to let a company representative's unreferenced summary about an email hack factor into its decision, a split Illinois appellate panel said Monday.
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July 29, 2025
9th Circ. Rescinds Ruling On Wash. Abortion Coverage Law
A Ninth Circuit panel has walked back a published March opinion rejecting a Christian church's challenge to a Washington state law mandating employer health coverage of abortion services, saying in a Tuesday order that the federal appeals court would issue a new ruling following additional oral arguments.
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July 29, 2025
Travelers Gets Trim Of Ex-Worker's Tobacco Health Fee Suit
A Minnesota federal judge pared down claims Tuesday from a former Travelers worker's suit alleging the insurance and financial services company unlawfully imposed a surcharge on the health plans of employees who disclosed they were tobacco users and thereby violated nondiscrimination provisions in federal benefits law.
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July 29, 2025
UnitedHealth Urges 6th Circ. To Affirm ERISA Preemption
UnitedHealth Group Inc. urged the Sixth Circuit to affirm the dismissal of a man's claims that UnitedHealth defrauded him into reimbursing the health insurance giant for $25,000, arguing that the Employee Retirement Income Security Act of 1974 completely preempts such claims brought under state law.
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July 29, 2025
Allianz Owes Coverage For Hot Air Balloon Crash Suits
An Allianz insurer has a duty to defend and indemnify a hot air balloon company facing multiple suits over crashes that injured several passengers under the policy's balloon premises liability coverage, a Wyoming federal court ruled Tuesday.
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July 29, 2025
No Coverage For $2.5M Herbicide Damage Row, Court Says
An AIG unit has no duty to cover an air services company in a contractor's lawsuit alleging that its aerial application of herbicides caused $2.5 million in expenses to fix grass damage, a New York federal court ruled Tuesday, finding no coverage under both of the company's policies.
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July 29, 2025
Symetra Gets Final OK On $2.1M Structured Settlement Suit
A Washington federal judge has given final approval to a $2.175 million deal to end allegations that insurance conglomerate Symetra tricked structured settlement recipients into trading their long-term payments for a heavily discounted lump sum.
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July 29, 2025
6th Circ. Upholds Blue Cross Win In Mich. Tribal Fraud Dispute
A Sixth Circuit panel has affirmed Blue Cross Blue Shield of Michigan's defeat of the Grand Traverse Band of Ottawa and Chippewa Indians' lawsuit alleging the insurer caused the tribe's health plan to overpay for treatment.
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July 29, 2025
Insurer Says Misrepresentations Void Real Estate Co.'s Policy
Material misrepresentations in a commercial real estate firm's insurance renewal application mean the insurer has no duty to defend the firm or a former director against a $6.5 million claim related to the sale of a client's properties, the insurer told an Indiana federal court.
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July 29, 2025
Rochester Diocese Judge To Approve $246M Ch. 11 Plan
A New York bankruptcy judge said Tuesday he was prepared to approve the Roman Catholic Diocese of Rochester's $246.4 million settlement of abuse claims in Chapter 11 after survivors voted unanimously to accept the deal.
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July 28, 2025
Patent Damages Explode As Practice Areas See Wild Swings
Damages in plaintiff-won federal patent cases have soared in the past decade while those in environmental cases and some other types of civil litigation have plummeted, a new report from Lex Machina shows.
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July 28, 2025
Insurers Sued Over Refusal To Cover Arbitration Defense
Institutional financial services venture StoneX Group Inc. sued XL Specialty Insurance Co., Ironshore Indemnity Inc. and others in Delaware state court, alleging multiple unjustified refusals to provide defense coverage in arbitration over trade secret and no-compete violations by five employees.
Expert Analysis
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5 Insurance Types For Mitigating Tariff-Related Trade Losses
The potential for significant trade-related losses as a result of increased tariffs may cause companies to consider which of their insurance policies, including marine, builders risk, trade credit, and directors and officers, could provide coverage to alleviate the financial impact, say attorneys at Pillsbury.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Texas Case Shows Why Juries Are Well-Suited To COVID Suits
The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.