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Insurance
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March 05, 2026
OpenAI Practices Law Without A License, Insurer Alleges
OpenAI is practicing law without a license, according to an insurer's lawsuit filed in Illinois federal court that alleges artificial intelligence platform ChatGPT provided faulty legal advice to a woman seeking disability benefits that led to a breached settlement and a flurry of frivolous court filings.
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March 05, 2026
A Look At Four States' Tort Reform Legislation Fights
There are currently four states debating whether to install business-friendly tort reform legislation or medical malpractice guardrails. The issues include a potentially brutal showdown in California over auto collision litigation and efforts in Florida to expand wrongful death liability for healthcare providers.
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March 05, 2026
4th Circ. Allows Insurer To Seek Arbitration In Foam Case
The Fourth Circuit on Wednesday overturned an order barring Illinois Union Insurance Co. from seeking to arbitrate in London a dispute within multidistrict litigation over alleged contamination from firefighting foam for failing to obtain consent from co-lead counsel.
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March 05, 2026
Overhauled IRS Microcaptive Rules Pass Muster With Judge
Revamped rules requiring taxpayers to disclose certain microcaptive insurance arrangements to the Internal Revenue Service do not violate the Administrative Procedure Act, a Tennessee federal judge found Thursday, saying multiple U.S. Tax Court decisions show the arrangements can be used to avoid taxes.
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March 05, 2026
Insurance Pool Says No Extra Coverage For City's Hail Claim
A municipal self-insurance pool has filed suit in Colorado state court seeking a finding that it owes no additional coverage beyond the nearly $1 million it already paid for hail damage claimed by a Yuma County city, saying the city is seeking benefits for excluded cosmetic damage and wear and tear.
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March 05, 2026
BCBS Can't Nix NC Plan Member From Cancer Treatment Row
A North Carolina federal judge ruled a Blue Cross Blue Shield unit must face proposed class action claims over its administration of a state employee health plan from a participant alleging it arbitrarily characterized a proton beam cancer radiation treatment as experimental to deny coverage.
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March 05, 2026
ERISA Recap: 6 Developments To Remember From Feb.
The Second Circuit refused to boot a former Luxottica worker's proposed class claims into solo arbitration, a Texas federal judge declined to snuff out a tobacco fee suit against 7-Eleven and a healthcare company inked a $43 million deal to wrap a case over how it handled 401(k) plan forfeitures. Here's a look back at six noteworthy moves in Employee Retirement Income Security Act cases from last month.
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March 05, 2026
Fla. Court Allows Chubb's Salvage Claim On Stolen Planes
Chubb European Group SE can move forward with a counterclaim against an aircraft leasing company that alleges the insurer can claim 23 Boeing and Airbus aircraft stolen by Russia at the start of the Ukraine war as salvaged, a Florida state court ruled.
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March 05, 2026
Insurer Seeks Win In $6.3M Coverage Row With Pot Tester
James River Insurance Co. is asking a Mississippi federal court to grant it a win in its suit to deny coverage of a $6.3 million default judgment against a cannabis testing company, saying the company breached its policy by not cooperating with the insurer.
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March 04, 2026
Wheeling & Appealing: The Latest Must-Know Appellate Action
If this month's circuit calendars were a March Madness bracket, we'd struggle to pick the top-seeded showdown. Big Pharma against the False Claims Act, or big business against President Donald Trump's visa fees? A big bank's view of "human life wagers," or en banc review in a State Farm class action?
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March 04, 2026
Anadarko Gets 5th Circ. To Bless Coverage Win, Not Damages
The Fifth Circuit agreed with Anadarko Petroleum Corp. that it can compel a contractor to pay for its legal defense in a fraud suit, but said Wednesday the lower court went too far in finding the contractor owed a duty to pay for certain damages categories.
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March 04, 2026
Chubb, BJ's Wholesale Sued Over Proxy Ballot Exclusions
Chubb Ltd. and BJ's Wholesale Club Holdings Inc. have been hit with shareholder suits over their moves to exclude certain proposals from their proxy ballots this year after other corporations facing similar litigation recently relented and agreed to include the proposals.
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March 04, 2026
Ga. Panel Says Builder's Insurance Talks Void Payment Spat
An Atlanta-area commercial property holder will not owe a construction firm for hundreds of thousands of dollars in unpaid work after the Georgia Court of Appeals backed a trial court's ruling that the contractor voided their deal by acting as an unlicensed adjuster during negotiations with an insurance company.
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March 04, 2026
NC Judge Trims Co.'s $116M Investment Coverage Dispute
A North Carolina state court has trimmed a company's suit claiming that its insurer obstructed its recovery of more than $116 million in coverage for an investment that didn't pay out on time, tossing a breach of contract claim while preserving bad faith and statutory violation claims.
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March 04, 2026
Insurance Execs' Coverage Bid 'Not Plausible,' Judge Says
Berkley Assurance Co. doesn't owe any coverage duties to insurance executives who were sued over allegations they sabotaged their former company on their way out the door to start a rival firm, a Georgia federal judge has ruled.
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March 04, 2026
Sandoz Parent Targets Walmart, Southwest Generic Drug Suits
Sandoz parent company Sandoz AG contested generic drug price-fixing complaints from Southwest Airlines, Walmart, Walgreen and United Healthcare, arguing that the direct action plaintiffs cannot pursue the company in the wider Pennsylvania federal court multidistrict litigation because the Swiss firm is too far removed from its Sandoz Inc. subsidiary.
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March 04, 2026
Insurer Must Defend Uber In Crash Injury Suits
An insurer for for-hire drivers breached its duty to defend Uber in 23 personal injury suits, a New York federal court ruled, saying underlying allegations that Uber is liable for the conduct of the drivers rendered it an insured party under the policies.
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March 03, 2026
Terminix Wins Coverage For $8M Pesticide Exposure Award
An excess insurer must cover part of an $8 million judgment entered against Terminix in a pesticide exposure suit, the Ninth Circuit said Tuesday, affirming that the underlying injury arose out of Terminix's product for the purposes of the policy's "products-completed operations hazard" coverage.
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March 03, 2026
Ex-FDA Leaders Rebut Contraception Rollbacks At 3rd Circ.
Former FDA commissioners argued that Trump-era religious exemptions for birth control coverage jeopardize public health and distort medical science, in an animus brief filed Monday with the Third Circuit.
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March 03, 2026
Travelers Can't Exit $6M Construction Defect Coverage Suit
A construction manager's suit seeking coverage for a $6 million construction defect dispute may proceed after a New York federal court found there were fact issues concerning the company's status as an additional insured under a subcontractor's primary and excess policies with Travelers.
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March 03, 2026
Wash. Panel Reverses $11M Tax Award To Insurance Co.
A Washington state appeals panel handed a win to Washington's Department of Revenue on Tuesday, reversing a lower court's order that the department owed a $10.9 million tax refund to a title insurance and settlement services company.
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March 03, 2026
Ex-Morgan Stanley Adviser Guilty Of Defrauding NBA Clients
A Manhattan federal jury on Tuesday convicted a former Morgan Stanley investment adviser on fraud charges, for allegedly defrauding NBA player clients by overcharging them for life insurance investments and misappropriating funds.
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March 03, 2026
5th Circ. Hints Coverage Turns On Crash Suits, Not Policies
A Fifth Circuit judge on Tuesday zeroed in on the allegations in more than two dozen lawsuits stemming from a 130-vehicle pileup in Fort Worth as the court weighed whether an insurer has a duty to defend a trio of contractors who expanded the toll road where the fatal crashes occurred.
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March 03, 2026
Insurer, Fla. Condo Owners Settle Hurricane Coverage Dispute
Westchester Surplus Lines Insurance Co. and multiple Florida homeowners associations have ended their dispute in Florida federal court over the associations' more than $230 million insurance claim for Pensacola Beach condominiums damaged by Hurricane Sally.
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March 03, 2026
Cannabis Depository Can Fight $9.5M Coverage Denial
A New Jersey cannabis dispensary depository can challenge an insurer's bid to deny coverage for a $9.5 million judgment against an armored car cash delivery service for an ex-employee's alleged embezzlement, a New York federal judge ruled, saying the depository is entitled to a potential insurance policy payout.
Expert Analysis
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Cybersecurity Must Remain Financial Sector's Focus In 2026
In 2026, financial institutions face a wave of more prescriptive cybersecurity legal requirements demanding clearer governance, faster incident reporting, and stronger oversight of third-party and AI-driven risks, making it crucial to understand these issues before they materialize into crises, say attorneys at Sidley.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Reel Justice: 'Die My Love' And The Power Of Visuals At Trial
The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Opinion
ISO's 'Litigation Funding Mutual Disclosure' Is Unenforceable
The Insurance Services Office has recently rolled out a "litigation funding mutual disclosure" form for optional use in policies, but the form is not only unnecessary but also unenforceable for four reasons, says Fiona Chaney at Omni Bridgeway.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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7 Predictions For Cyber Risk And Insurance In 2026
In 2026, cyber risk and insurance will be shaped by developments such as the rapid adoption of artificial intelligence, ongoing privacy litigation and evolving regulatory requirements, as organizations that integrate AI into their operations contend with new vulnerabilities and a legal landscape that demands greater vigilance and adaptability, say attorneys at Wiley.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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Insights From 2025's Flood Of Data Breach Litigation
Several coherent patterns emerged from 2025's data breach litigation activity, suggesting that judges have grown skilled at distinguishing between companies that were genuinely victimized by sophisticated criminal actors despite reasonable precautions, and those whose security practices invited exploitation, says Frederick Livingston at McDonald Baas.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.