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Insurance
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January 29, 2026
Pa. Nursing Home Disputes Patient Death Suits' Coverage Cap
A Pennsylvania nursing home told a federal court that an insurer should pay up to $3 million in coverage for lawsuits by six patients' estates alleging a staff member murdered them, arguing the insurer misconstrued a state medical negligence statute in order to limit coverage.
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January 29, 2026
United Healthcare Beats Class Cert. Bid Over Breast Surgery
A New Jersey federal judge on Wednesday declined to certify a proposed class of United Healthcare Insurance plan participants who were denied coverage for post-mastectomy breast reconstruction surgery, finding that she can't determine which standard of review applies to each plan's varying language without conducting individualized, fact-specific inquiries.
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January 29, 2026
Full 6th Circ. To Review Cert. In State Farm Vehicle Value Suit
The full Sixth Circuit agreed Thursday to review the certification of a class of approximately 90,000 State Farm policyholders in a suit claiming the insurer systematically undervalues totaled vehicles, setting aside a previous order affirming the certification.
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January 29, 2026
Inspire Medical Leaders Face Suit Over Apnea Device Rollout
Brass of Inspire Medical Systems Inc. face shareholder derivative claims they breached their fiduciary duties by concealing issues affecting the launch of the company's latest sleep apnea device, damaging investors after its trading prices fell 32% when the issues were disclosed.
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January 29, 2026
Debevoise Appoints Commercial Litigation Group Co-Leaders
Debevoise & Plimpton LLP promoted two litigators to be co-chairs of its commercial litigation practice, the firm has announced.
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January 29, 2026
Troubled Apt. Co-Op Can Borrow $6M From Connecticut
The receiver overseeing the finances of the 924-unit Success Village Apartments can close on a $6 million loan from the Connecticut Department of Housing to clear tax and utility liens from the troubled co-op, a state court judge has ruled.
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January 29, 2026
3 Companies Begin Trading After Raising $1.3B In IPOs
Satellite maker York Space Systems began trading publicly Thursday after raising $629 million in its upsized initial public offering, joining Brazilian digital banking platform PicPay and insurance platform Ethos Technologies, both of which also made their public debuts Thursday.
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January 29, 2026
Citizens Policy Doesn't Cover Mass Shooting, Suit Says
A California mushroom farm that was the site of a fatal mass shooting isn't covered under an insurance policy that prevents coverage under an "abuse and molestation exclusion" for negligence caused by the farm's workers, Citizens Insurance told a federal court Wednesday.
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January 29, 2026
Pasadena Settles Tenants' Wildfire Contamination Claims
The California city of Pasadena has agreed to settle claims filed by local residents who alleged in California state court that the city failed to conduct "adequate inspections" for homes that were contaminated with "toxic smoke, ash and soot" caused by the Eaton wildfires that occurred in January 2025.
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January 28, 2026
Asset Co. Slams Conn. Insurance Chief's Plan For Liquidation
An asset management company asked a Connecticut state court for permission to intervene in the insurance commissioner's rehabilitation of struggling insurer PHL Variable Insurance Co., saying the commissioner's "surprise" plan to pursue liquidation will be disastrous for universal life policyholders that are over a $300,000 cap on death benefits.
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January 28, 2026
Arbitrator Choice Prompts New Feud In Asbestos Claims Fight
A California federal judge on Wednesday ordered a group of reinsurers to confer with Truck Insurance Exchange as the company looks to remove a "side-switching" arbitrator from a dispute over coverage for millions of dollars' worth of asbestos bodily injury claims.
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January 28, 2026
6th Circ. Affirms Retailer Not Insured For Pandemic Losses
The Sixth Circuit has upheld a Tennessee federal court's decision denying a national clothing retailer's bid for coverage for COVID-19 pandemic-related costs, ruling the lower court conducted its "choice of law" analysis correctly and that Tennessee and Pennsylvania laws bar coverage.
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January 28, 2026
Insurer Claims No Duty In Crash Suit Against Vape Shop
A deadly car accident underpinning a lawsuit against a North Carolina-based vape and smoke shop occurred several miles away from the store's grounds, so exclusions in the shop's commercial insurance policy preclude coverage, the insurer's counsel told a North Carolina state appeals court Wednesday.
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January 28, 2026
Fla. Court Undoes Class Cert. Of Medicare Cos. In USAA Suit
A Florida state appeals court on Wednesday reversed class certification for a group of Medicare-contracted businesses suing USAA Casualty Insurance Co. over allegations the insurer sidestepped its obligation to pay automobile injury claims and passed them on to so-called secondary payers.
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January 28, 2026
5th Circ. Denies Insurers' Bid To Arbitrate Storm Damage Suit
The Fifth Circuit held Tuesday that domestic insurers can't compel arbitration or establish federal jurisdiction by relying on foreign insurers' involvement in a surplus line policy in which each insurer has its own agreement with the purchaser.
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January 28, 2026
NY Firm And Medical Providers Defrauded Insurers, Suit Says
An insurer accused a law firm and a collection of medical providers and professionals of engaging in a scheme to defraud insurers through sham lawsuits and inflated medical bills, telling a New York federal court that the defendants have enriched themselves "at the expense of justice, equity and human dignity."
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January 27, 2026
Split 9th Circ. Backs Blue Shield Win In Residential Care Row
A split Ninth Circuit panel on Tuesday held Blue Shield of California did not abuse its discretion in declining to cover an adolescent's stay at a mental health treatment facility, rejecting arguments on appeal that the insurer wrongly went against the recommendations of treating physicians.
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February 10, 2026
Law360 Seeks Members For Its 2026 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.
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January 27, 2026
Progressive Urges 4th Circ. To Decertify Car Valuation Class
Progressive told the Fourth Circuit to undo class certification of auto insurance customers in North Carolina challenging how it calculates adjustments for total loss claims, citing the court's decision last year in a "materially identical case" in which certification was reversed.
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January 27, 2026
NC Medical Practice Will Pay $8.8M To End False Billing Suit
Bethany Medical Center PA and its founder have agreed to shell out $8.8 million to settle allegations that they violated state and federal law for years after billing Medicare, Medicaid and Tricare for unnecessary urine drug tests, according to a Tuesday announcement from the North Carolina Attorney General.
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January 27, 2026
Driver Must Repay Trucking Co.'s Insurer $4M For Crash Deal
A driver must repay a trucking company's insurer the $4 million it paid toward a $10 million settlement of suits stemming from a fatal multivehicle crash, a Georgia federal court ruled Tuesday, finding that the driver and trucking company were joint tortfeasors for purposes of contribution.
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January 27, 2026
Del. Supreme Court Backs Harman In $28M Coverage Fight
The Delaware Supreme Court on Tuesday affirmed a lower court ruling requiring insurers to cover a $28 million settlement paid by Harman International to resolve stockholder litigation over its $8 billion sale to Samsung, disagreeing that the payment amounted to a prohibited postdeal "bump-up" in merger consideration.
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January 27, 2026
$1M Payout For Shooting Sought In Bad Faith, Insurer Says
An insurer for a company that provided security at a North Carolina apartment complex where a resident was fatally shot doubled down on counterclaims that a pair of Allied World insurers withheld critical information leading up to a settlement with the resident's estate.
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January 27, 2026
11th Circ. May Scuttle Appeal Amid Trafficking Coverage Spat
An Eleventh Circuit panel suggested Tuesday that procedural hurdles could stymie an insurance company's bid to get out of defending an Atlanta-area motel from sex trafficking claims that led to the motel being hit with a $40 million verdict last summer.
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January 27, 2026
Insurer Says No More Coverage For $4M Trafficking Judgment
An insurer said it owes no additional coverage to a Wyndham hotel franchisee that was ordered to pay the hotel chain over $4 million for settling an underlying sex trafficking suit, telling a Pennsylvania federal court that payment is limited to $100,000.
Expert Analysis
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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Opinion
Judges Carry Onus To Screen Expert Opinions Before Juries
Recent Second Circuit arguments in Acetaminophen Products Liability Litigation implied a low bar for judicial gatekeeping of expert testimony, but under amended Rule 702 of the Federal Rules of Evidence, judges must rigorously scrutinize expert opinions before allowing them to reach juries, says Lee Mickus at Evans Fears.
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4 California Insurance Law Decisions To Know From 2025
California continued to shape the national insurance landscape in 2025, issuing a series of decisions that may recalibrate claims handling, underwriting strategy and policy drafting in areas from property damage claims after a wildfire to automobile coverage for delivery drivers in the gig economy, say attorneys at Nicolaides Fink.
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5 Coverage Considerations For Couture And Cosmetics Cos.
Fashion, beauty and cosmetic companies getting ready for 2026 shouldn't neglect important insurance considerations, including stand-alone policies for specialized risk and check-ins with supply chain partners on policy requirements, say attorneys at K&L Gates.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
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Ruling Upholds $11M Arbitration Award, Offers D&O Lessons
A New York federal court's recent decision in Flextronics v. Allianz, sustaining an $11 million arbitration award against the insurer, represents a significant affirmation of core policyholder protections in directors and officers insurance, specifically those dealing with allocation, insurability and best-efforts obligations, say attorneys at Lowenstein Sandler.
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7 Strategies To Optimize Impact Of Direct Examination
Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.
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M&A Midmarket Shows Resilience Amid 2025 Challenges
Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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2025 State AI Laws Expand Liability, Raise Insurance Risks
As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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What Trump Order Limiting State AI Regs Means For Insurers
Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities
Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.