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July 09, 2025
Transport Co. Not Covered In Crash Suits, Judge Says
A transportation company is not entitled to coverage for personal injury suits stemming from a crash involving a trucking shipment, a Pennsylvania federal court has ruled, saying coverage is excluded because the company was listed on the bill of lading for the shipment.
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July 08, 2025
5th Circ. Wary To Let Surety Stick Chevron With $11M Bill
A Fifth Circuit panel seemed skeptical of a surety company's argument that BP and Chevron need to pony up $11 million to pay for decommissioning costs, asking Tuesday what to do with contractual language that seemingly absolved them of having to pay that bill.
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July 08, 2025
Macy's Says McLaughlin Ruling Backs Axing DOL's ERISA Suit
Macy's has once again asked an Ohio federal judge to slash a U.S. Department of Labor lawsuit claiming the retail company discriminated against tobacco users by charging them an extra fee through its health insurance plan, this time leaning on the U.S. Supreme Court's recent McLaughlin ruling to argue no new lawsuit is required to push aside agency rulemaking.
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July 08, 2025
Puerto Rico Bond Suit Doesn't Belong In Conn., Insurers Say
The insurers of billions in bonds issued by the Puerto Rico Sales Tax Financing Corp. say a Connecticut federal judge can't hear a proposed class action accusing them of failing to pay bondholders the full value of their investments after a 2016 bankruptcy default.
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July 08, 2025
Del. Judge Cuts Co-Plaintiff From $57M Refined Coal IP Suit
A co-plaintiff alongside Midwest Energy Emissions Corp. cannot share in a $57 million award from a jury that found patents on technology for refining coal to reduce mercury emissions from power plants were infringed, with a Delaware federal judge ruling on Tuesday the other company lacks standing.
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July 08, 2025
Insurer Fights Coverage For $13M Townhome Arbitration Row
An insurer told a Washington federal court it has no duty to defend or indemnify a developer facing a nearly $13 million arbitration demand from a construction lender, which claims the developer misrepresented the completion of underground facilities at a Seattle townhome project while requesting funds for the work.
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July 08, 2025
Insurer, Guam School Settle Typhoon Coverage Fight
The owner of a high school in Guam and its property insurer resolved their coverage dispute over the owner's claims the insurer underpaid its more than $5.1 million typhoon damage claim in bad faith, in part through allegedly "causing delay," the parties told a Guam federal court.
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July 08, 2025
Exclusion's Use Of 'The' Supports Alt. Reading, 5th Circ. Says
The Fifth Circuit said an exclusion barring coverage for intellectual property infringement claims didn't necessarily relieve an insurer from covering defense expenses an oil and gas company incurred in an IP theft lawsuit, finding the exclusion's use of "the" led to a pro-coverage, reasonable meaning.
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July 08, 2025
Oil Cos.' Water Pollution Coverage Suit Gets Trimmed
Two oil and gas companies can't proceed with bad faith claims against certain underwriters at Lloyd's of London in a dispute over coverage for the remediation of water byproduct pollution, a New Mexico federal court ruled, saying the companies failed to allege facts supporting their claims.
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July 08, 2025
2 Firms Steer Insurance Group CRC's Lloyd's Underwriter Buy
The wholesale insurance broker CRC Group has agreed to acquire the U.K.-based underwriting business Atrium from private equity firm Stone Point Capital.
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July 07, 2025
Aetna's Trade Law Claim Lacks Merit, Air Ambulance Cos. Say
Six out-of-state air ambulance companies suing Aetna in Connecticut federal court claiming violations of the federal No Surprises Act say they shouldn't be forced to face the insurer's Connecticut Unfair Trade Practices Act counterclaim because their billing practices were for a time allowed by federal law.
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July 07, 2025
Progressive Gets Car Value Class Cert. Overturned At 3rd Circ.
The Third Circuit on Monday reversed a lower court's decision to certify classes of Pennsylvania drivers who accuse Progressive Insurance units of breaching their contracts by systematically underestimating the actual cash value of their totaled cars, finding that the lower court misapplied the standard to determine whether common issues predominate.
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July 07, 2025
Hartford Says No Coverage For General Store's GIPA Row
A Hartford unit told an Illinois federal court that it does not owe a general store coverage for claims that the company violated the state's genetic information privacy law by conditioning employment on disclosing genetic information.
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July 07, 2025
Biggest Illinois Decisions Of 2025 So Far: A Midyear Report
State and federal courts have handed down rulings in Illinois cases so far this year that have clarified standing for data breach actions in the state's courts, affirmed coverage for attorney fees and costs paid as part of a settlement, and deemed insufficient a jury instruction frequently given in Illinois personal injury cases. Here's a breakdown of some of the biggest decisions courts have handed down in Illinois cases so far in 2025.
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July 07, 2025
Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2025
The social media addiction multidistrict litigation against the biggest tech companies and a U.S. Supreme Court case regarding state medical malpractice lawsuit requirements are among the cases injury and malpractice attorneys will be following closely in the second half of 2025.
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July 07, 2025
4th Circ. Revives SC Builder's Bid For Condo Repair Coverage
A Charleston builder will get a second chance at recouping the money it spent repairing a condo complex that flooded after the Fourth Circuit on Monday partially vacated a pretrial win favoring its insurer, finding there are still unanswered questions about whether certain costs might be covered under its policy.
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July 07, 2025
Well Co. Says Contractor, Liberty Units Must Cover Injury Suit
A well site operator is entitled to defense and indemnity for an underlying injury suit brought by a contractor's employee, the operator told a Texas federal court, saying the contractor and its Liberty Mutual insurers have wrongfully refused coverage.
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July 07, 2025
AIG Pays $6M For Fire In Chinese Exile Guo's NYC Apartment
AIG Property Casualty Co. has paid more than $6 million to a company once owned by Chinese exile and since-convicted fraudster Miles Guo after a fire damaged his former residence in New York City's Sherry-Netherland Hotel, an exclusive co-op across the street from Central Park, a court filing indicates.
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July 07, 2025
Mich. Justices Say PIP Claims Can Be Revived After Transfer
Michigan's highest court has determined that those who transfer legal claims over personal injury protection benefits to third parties may still be able to pursue those claims in court if they are later transferred back, ruling against Progressive and a public transit authority.
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July 07, 2025
8th Circ. Says Hartford Must Pay Before Chubb In Crash Case
A Chubb insurer does not have to split the responsibility of an underlying $2 million wrongful death settlement with a Hartford unit, the Eighth Circuit has ruled, finding that the Hartford unit's commercial auto policy should pay first since the Chubb policy specifically stated that it was excess over all other insurance.
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July 07, 2025
Lindberg Victims May See $318M Restitution From Asset Sale
The special master who is untangling convicted billionaire Greg Lindberg's web of companies wants to dole out roughly $318 million in restitution from the sale of one of the mogul's most valuable assets to the insurance companies he is accused of defrauding, court records show.
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July 07, 2025
Fla. Condo Says Chubb Insurer Lowballed Hurricane Claim
A nonprofit Florida condominium owner is urging a federal court to reject a Chubb subsidiary's final summary judgment bid against the nonprofit's hurricane coverage suit, arguing that the insurer offered only $23,801 for property damage that eventually resulted in the nonprofit receiving an award of more than $7.2 million.
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July 07, 2025
Ga. Property Owner, Insurer Settle Burst Pipe Coverage Suit
A property owner and its insurer have agreed to settle a lawsuit in which the owner alleged it should have received coverage under a more than $30 million policy despite the insurer receiving late notice of property damage caused during a 2022 winter freeze.
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July 04, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the owner of Crystal Palace and the troubled Olympique Lyonnais football clubs sue its current chief executive John Textor, Fieldfisher faces a claim by Georgian businessman Zaza Okusahvili, and a dispute partner at Travers Smith file a personal injury claim against the firm.
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July 03, 2025
Anthem Dodges Most Claims In Lab's $3.8M Insurance Suit
A federal judge has dismissed a lab's $3.8 million suit against Anthem Blue Cross Blue Shield of Connecticut over nearly 3,000 unpaid insurance claims related to medical testing, finding the majority were barred by anti-assignment provisions, ERISA preemption and contractual time limits.
Expert Analysis
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.