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July 09, 2025
Costco Says Insurer Owes Defense In Heavy Box Injury Suit
A Hartford unit violated Washington state's Insurance Fair Conduct Act by unreasonably denying additional insured coverage for a man's lawsuit alleging he suffered severe injuries when moving a product at Costco, the retail giant alleged in a lawsuit recently removed to Washington federal court.
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July 09, 2025
Insurer Rejects Coverage For Ind. Federal Antitrust Suit
An insurer for a digging and pipe services company told an Indiana federal court it should owe no coverage for a civil antitrust lawsuit, pointing in part to an exclusion barring coverage for "personal and advertising injury" arising from the "access or disclosure of confidential or personal information."
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July 09, 2025
Holland & Knight Insurer's COVID Benefits Denial Upheld
A Colorado federal judge on Wednesday handed an insurance company a win in a Holland & Knight LLP attorney's federal benefits lawsuit alleging she was wrongly denied long-term disability benefits after a COVID-19 infection left her unable to work, concluding substantial evidence supported the insurer's decision.
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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.
Expert Analysis
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Opinion
Asbestos Trusts' Records Purge Threatens Claims Process
Recent announcements by 11 asbestos bankruptcy trusts that they plan to destroy legacy data and documents related to resolved claims risks further damage to the integrity of a compensation system long marked by a lack of oversight and transparency, says Peter Kelso at Roux.
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How Calif., NY Could Fill Consumer Finance Regulatory Void
California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.