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Insurance
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September 30, 2025
Nationwide Insurers Must Defend Auto Co. In BIPA Dispute
Two Nationwide units must defend an automotive accessory company accused of violating Illinois' Biometric Information Privacy Act, an Illinois federal court held Tuesday, following a ruling in a separate case that found no coverage for the company under its Hanover Insurance policies.
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September 30, 2025
'Collusion' Forecloses Coverage For $13M Deal, Judge Says
A construction company's insurer has no duty to cover a roughly $13.4 million settlement the company reached with a residential community's manager over claims that it performed faulty repair work for hail damage, a Colorado federal court ruled, finding the settlement resulted from "collusion."
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September 30, 2025
FCA Suit Tainted By Expert's AI 'Hallucination' Gets Dismissed
A False Claims Act suit rocked by allegations of AI-generated hallucinations in an expert's report ended Tuesday after the federal government joined the case and quickly urged a Utah federal judge to throw it out.
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September 29, 2025
Zurich Wins $2M Coverage Dispute Over Wrongful Death Suit
A Colorado federal judge dismissed the claims of a pipeline construction company against Zurich Monday after the court found the insurance policy between the insurer and one of the construction company's subcontractors only allowed coverage up to $1 million, not $2 million.
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September 29, 2025
Insurer Loses Bid To Ax Coverage Of $1.35M Wire Loss Fight
An Arizona federal court on Monday tossed an insurer's action seeking to avoid covering a brokerage firm in an underlying state court suit alleging it caused an audio company's buyer to lose $1.35 million through an incorrect wire transaction, finding both cases turn on the same factual issues.
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September 29, 2025
Trulieve Says Berkshire Hathaway Must Defend Death Suit
An insurance company owned by Berkshire Hathaway has a duty to provide legal defense for Trulieve, which is being sued in Massachusetts state court over a cannabis worker's death, the medical marijuana company argued, telling a federal court that the insurer's responsibility is immediate, even if it turns out the policy doesn't actually cover the suit.
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September 29, 2025
FinCEN Seeks Input On Nonbanks' Cost To Detect Laundering
The U.S. Treasury Department's enforcement arm on Monday called for public feedback on the costs that insurance companies, credit card operators and other nonbank financial institutions incur in complying with measures to combat money laundering and terrorism financing, signaling a possible loosening of rules.
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September 29, 2025
Ga. Panel Says Insurer Not Liable For Fees In $1.5M Case
The Georgia Court of Appeals said a trial court rightly refused to make Allstate pay attorney fees after rejecting a settlement offer from a man who was later awarded $1.5 million for crash injuries, saying the award "was not warranted" because the insurer wasn't a named party at trial.
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September 29, 2025
State Farm Class Action Over Car Payouts Narrowed
An Illinois federal court on Monday significantly cut a proposed class action accusing State Farm of systematically undervaluing policyholders' claims for totaled vehicles, but left intact the policyholders' claims for unjust enrichment.
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September 29, 2025
McCarter & English Slams Pre-Trial Win Bid In $22M Suit
McCarter & English LLP has asked a Connecticut state judge to block two insurers' summary judgment bids on breach of contract claims connected to a $22.3 million professional negligence lawsuit, saying both sides agreed to a 2026 bench trial and conducted discovery assuming neither side would seek a quick win.
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September 29, 2025
Wealth Mgmt. Firm Says Insurer Omitted Essential Parties
A wealth management firm and its CEO told a Tennessee federal court that its professional liability insurer failed to include other insurers and an insurance agency in coverage litigation over underlying arbitration claims totaling roughly $7 million, arguing it faces conflicting coverage positions from its carriers.
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September 29, 2025
Liberty Units Seek Toss Of Auto Co.'s Runoff Settlement Suit
Liberty Mutual units urged a Texas federal court to toss an automobile auction company's suit accusing them of failing to indemnify a settlement over stormwater runoff claims, saying the question of breach cannot be answered until a related suit determines whether the insurers had any duty to indemnify.
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September 29, 2025
NY's Top Financial Services Regulator Is Stepping Down
The head of the New York State Department of Financial Services is stepping down next month and will be replaced on an interim basis by the chief of its fintech-focused innovation division, New York Gov. Kathy Hochul said Monday.
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September 26, 2025
Court Erases $187M Hurricane Damage Appraisal Award
A Florida federal court invalidated a $187 million appraisal award that a group of homeowners associations won against their insurers over damage related to Hurricane Sally in 2020, finding that the group's chosen appraiser "never stated the 'amount of loss'" to the property.
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September 26, 2025
Insurers Must Defend Tech Co. Against Rival's Patent Suit
Insurers for a logistics technology company must defend the company against claims that it stole a rival's technology and marketing strategy, a Delaware state court ruled, finding that the policies' "prior and pending litigation" exclusion does not bar coverage.
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September 26, 2025
Insurers' $9M Deal With Pump Co.'s Trustee Gets Judge's OK
Chubb's Century Indemnity Co. and ACE American unit Pacific Employers Insurance Co. have received a Connecticut federal judge's approval to pay $9 million to a pump manufacturer's Chapter 7 estate, allowing the insurers to settle claims that The Nash Engineering Co. fraudulently transferred policies meant to cover asbestos claims.
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September 26, 2025
Insurer Owes No Defense To HR Co. In Embezzlement Suit
An insurer for a human resources company had no duty to defend it in a client's lawsuit alleging that a recently hired employee the company had screened embezzled more than $1 million, a California federal court ruled, finding a misappropriation of funds exclusion applied to bar coverage.
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September 26, 2025
Insurer Cites Contractor Fraud In Nixing Bridal Shop Fire Duty
A contractor's insurer said it does not owe coverage to a bridal shop that won a $38 million judgment against its policyholder following a fire, telling a New York federal court that the policy was declared void in a separate suit because of the contractor's fraud and forgery.
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September 26, 2025
Judge Won't Overturn $57M Midwest Energy Win In IP Fight
A Delaware federal magistrate judge has refused to disturb a jury's finding that numerous affiliated companies willfully infringed Midwest Energy Emissions Corp. patents on technology for refining coal to reduce mercury in emissions from power plants, leaving in place a $57 million verdict.
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September 26, 2025
Scholastic Gets $19.5M In Legal Fee Insurance Fight
A New York federal court has awarded Scholastic Inc. $19.5 million as a money judgment with interest against a unit of Travelers Insurance, following years of litigation over whether the insurer had to cover Scholastic's expenses in a separate trademark and copyright infringement case.
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September 25, 2025
GE Avoids Retirees' Lawsuit Over Pension Annuity Deal
General Electric dodged a proposed class action claiming it put retirees' benefits at risk by transferring over $1.7 billion of pension obligations to a private equity-controlled insurance company, with a New York federal judge ruling the retirees hadn't shown how they'd been harmed.
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September 25, 2025
6th Circ. Backs Rock Singer's Win In Arson Coverage Dispute
The Sixth Circuit on Thursday affirmed that rock singer John Falls can still recoup a portion of the $2.5 million that a Hanover Insurance unit was ordered to pay for music equipment that was lost in an arson at a House of Blues recording studio.
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September 25, 2025
AmTrust Investor Suits Fall Outside Excess Policy, Court Says
A Liberty Mutual unit that provided excess directors and officers coverage to AmTrust Financial Services Inc. owed no coverage for shareholder actions over the company's valuation of life settlement contracts and other accounting matters, a Delaware federal court ruled, finding the claims fell within an earlier coverage tower.
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September 25, 2025
Margolis Edelstein Denies Repping Insurer Claiming Malpractice
Margolis Edelstein has asked a New Jersey state court to throw out an insurance company's malpractice suit over an alleged overvaluation in a settlement, arguing it had not represented the insurer in the settlement and therefore the malpractice claim "obviously" cannot survive.
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September 25, 2025
Avon Gets Ch. 11 Plan Approved
A Delaware bankruptcy judge has confirmed Avon's Chapter 11 plan a few days after verbally agreeing to approve it.
Expert Analysis
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Maryland High Court Ruling Clarifies Claim Assignment
In its recent opinion in Featherfall Restoration, the Maryland Supreme Court reemphasized a policyholder's ability to assign a claim despite the presence of general liability policy language requiring an insurer's written consent, nevertheless highlighting the importance of specific wording, say attorneys at Bradley Arant.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.