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Insurance
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April 28, 2025
Estate Sues Insurer Over 'Paltry' Offer In DUI Death Case
The estate of a motorcyclist killed by a driver allegedly overserved at a Washington bar has sued to force the bar's specialty insurance company to cover a partial settlement in an underlying wrongful death suit.
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April 28, 2025
8th Circ. Told Insurer Must Keep Defending Fatal Crash Suit
A logistics company facing wrongful death claims told the Eighth Circuit its insurer must pay to defend it because it was insured under a trucking company's policy and there was no agreement that a $1 million payment by the insurer absolved the insurer of its duties.
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April 28, 2025
Insurance Agency Says Carrier Can't End Car Policy Program
An insurance agency that provides specialized policies for car rental companies asked a Pennsylvania federal court to halt an insurer's plan to abruptly cancel a program through which the agency writes the policies, saying the proposed termination would cause "major disruptions" to rental companies and their customers nationwide.
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April 28, 2025
Petrol Co. Says Carriers Must Defend Benzene Injury Suit
A petroleum services company told a New York state court that three of its marine insurers have failed to cover any defense costs incurred in a benzene injury lawsuit, even after it said the lead insurer agreed to defend it under a reservation of rights.
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April 28, 2025
GE, Haier Owe Nearly $3M For Motel Fire, Insurer Says
An insurer is seeking about $3 million from GE and Haier in connection to a Super 8 motel fire it claims was started by a faulty heating and cooling unit, according to a lawsuit removed to a Texas federal court.
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April 28, 2025
Conn. Insurer Dumped Agent For Raising Red Flags, Suit Says
A Connecticut insurance company terminated one of its agents in retaliation for his complaints about alleged illegal activity, including a concern that Allstate agents were using company log-in information "to pull Progressive quotes," according to a lawsuit in state court.
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April 25, 2025
US Seeks To Block Refund For Captive Insurance Penalties
A Pennsylvania federal court should reject a company's bid for an immediate penalty refund for operating what the IRS claimed is an abusive tax shelter through its microcaptive insurance program, the government argued Friday, saying the company is seeking protection in an unrelated U.S. Supreme Court ruling.
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April 25, 2025
$1.1M Hail Coverage Suit Against Travelers Is Time-Barred
An Oklahoma property owner cannot get revised coverage from two Travelers units for more than $1.1 million in claimed hail damage repairs, an Oklahoma federal court ruled, finding that after Travelers paid roughly $100,000 in coverage, the property owner filed its coverage action too late.
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April 25, 2025
Zurich Unit Avoids Health Facility's COVID Coverage Claims
A Zurich unit owes no coverage to a senior living facility for COVID-19-related losses it sought under its property policy's communicable disease provision, an Alaska federal court ruled Friday, finding the governmental closure order in question didn't totally prevent access to its property, as required.
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April 25, 2025
IRS Says Docs In Captive Insurance Case Are Privileged
The IRS defended its refusal to release information to a tax services company seeking audit records of its captive insurance program, telling a Texas federal court that the agency's redactions of the requested records are protected by attorney-client privilege and other exceptions to the Freedom of Information Act.
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April 25, 2025
Ga. HOA Not Covered In $10M Dog Attack Suit, Insurer Says
An insurer told a Georgia federal court that it doesn't owe coverage to a homeowner's association in a $10 million suit brought by a woman who said she was viciously attacked by her neighbor's dogs in part because of the association's failure to enforce its covenant on animals.
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April 25, 2025
Health Insurance Cos. Deny Agents OT Pay, Suit Says
A group of health insurance companies failed to pay agents at a time-and-a-half rate for their hours worked over 40 per week and improperly calculated workers' pay rates, according to a proposed collective action filed in Florida federal court.
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April 25, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen pub operator Stonegate sue insurance broker Marsh, a human rights lawyer sued for defamation by Russian businessman Ovik Mkrtchyan, and British toy-maker The Character Group reignite an employment dispute with a former finance director. Here, Law360 looks at these and other new claims in the U.K.
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April 24, 2025
Investor Sues To Halt 'Cheap' VC Buyout Of Fla. Health Co.
A Florida health business investor sued its founder, its CEO, a venture capitalist firm and others over negligent misrepresentation in connection to a proposed buyout, alleging a proxy statement omitted conflicts of interest and included deceptive financial data in order to justify the company's "cheap" acquisition.
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April 24, 2025
Judge Lifts Arbitration Order In Hurricane Coverage Suit
A Louisiana federal judge Wednesday reversed his decision compelling arbitration of an insurance dispute over coverage for hurricane damage in light of new precedent from the state's top court, pointing to a "crucial" mandate requiring that the underlying policies be interpreted as separate contracts.
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April 24, 2025
Insurer Says No Coverage For Nursing Home Negligence Deal
An insurer shouldn't have to pay for a settlement that a healthcare management company reached following a nearly $3.3 million jury verdict in an underlying nursing home negligence suit, the carrier told a Washington federal court, saying the company settled without its consent.
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April 24, 2025
Margolis Edelstein Accused Of Botching Malpractice Coverage
Margolis Edelstein is facing a malpractice suit in New Jersey state court alleging a Berkeley Heights-based partner negligently settled an insurance-related case based on "theoretical damages" for over $2 million.
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April 24, 2025
Pest Co.'s Ex-Employee Not Covered In Child Assault Suit
An insurer for a pest control company needn't cover a suit alleging a former employee assaulted a minor whom he recruited to work at the business, a Mississippi federal court ruled, finding that neither the employee nor his insulation company is insured under any available insurance policy.
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April 24, 2025
Calif. Panel Says Insurance Adjuster's PAGA Suit Is Too Late
A former adjuster for an insurance claims management company was too late in filing his Private Attorneys General Act suit seeking penalties for unpaid overtime on behalf of other workers, a California appellate panel ruled, upholding a lower court.
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April 24, 2025
SEC Annuity Fraud Case Ends In Mixed Verdict
A federal jury cleared a Massachusetts investment adviser and his firm of two of three claims in a U.S. Securities and Exchange Commission case claiming they secretly earned commissions from clients' annuity plans.
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April 24, 2025
Insurance Cos. Need Not Cover Medical Cannabis In NM
A New Mexico federal judge has thrown out a medical cannabis seller's suit against three insurers over coverage of medical cannabis, finding that New Mexico law doesn't mandate coverage, and even if it did, it would be preempted by federal law.
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April 23, 2025
10th Circ. Says Lower Court Erred On Pollution Coverage
A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
Texas Court Skeptical Of 'Death Star' Standing Argument
A Texas appellate judge asked the state Wednesday if it expected three of its largest cities to " wait for a thousand tiny cuts" before being allowed to challenge a bill nicknamed the "Death Star" by opponents, which they say infringe on their ability to manage their own affairs.
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April 23, 2025
Ex-Exec Says Centene Harassed Him Over Void Noncompete
A former vice president at Centene claims in a new Illinois federal court lawsuit that the company has engaged in a campaign of harassment, threats and bullying directed at him and his new employer, based on a noncompete agreement he alleges is void.
Expert Analysis
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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.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.