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Insurance
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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 05, 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 Industries Inc. to resolve stockholder litigation over its $8 billion sale to Samsung Electronics Co. Ltd., rejecting arguments 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.
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January 27, 2026
Troubled Apt. Co-Op Seeks $6M State Loan To Clear Liens
The receiver overseeing the finances of the 924-unit Success Village Apartments has asked a Connecticut court to allow it to borrow $6 million from the state Department of Housing, which the agency has already approved, "to eliminate the many tax and utility liens" on the property.
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January 26, 2026
Anthem Seeks Dismissal Of 'Ghost Network' Class Action
A proposed class action's allegations that Anthem Health Plans maintains inaccurate mental health directories known as ghost provider networks aren't true and are "legally deficient," the insurer and its parent company, Elevance Health Inc., argued while urging a Connecticut federal court to toss the suit.
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January 26, 2026
Chubb Policies May Provide Coverage In Kiwanis Abuse Fight
A Washington federal court has largely rejected efforts by child sex abuse survivors to broaden coverage for a $21 million settlement resolving claims against a Kiwanis International-affiliated boys foster home, but found that limited coverage may be available under a Chubb unit's policies.
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January 26, 2026
11th Circ. Backs MetLife's Death Benefits Denial
The Eleventh Circuit on Monday upheld MetLife's denial of accidental death benefits to a federal government worker who died days after she broke her leg and ankle exiting a vehicle, finding the insurer's exercise of an exclusion for contributing underlying physical illnesses wasn't arbitrary or capricious.
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January 26, 2026
Helmet Co. Says AIG Unit Must Defend It From Defect Claims
Lexington Insurance Co. ignored a helmet designer's repeated requests for coverage in a lawsuit alleging that product defects caused a helmet to come off a motorcycle rider's head during a collision, the manufacturer told a California federal court.
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
Ore. Co. Not Covered In Apartment Defect Row, Insurer Says
An insurer said it has no duty to defend or indemnify a waterproofing subcontractor against claims stemming from moisture intrusion at an Oregon apartment complex, telling a federal court that there is a dispute whether the alleged property damage occurred during the policy period.
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January 26, 2026
Insurer Says Primary Carrier Reneged On Defense Coverage
A primary insurer owes reimbursement of defense costs for several underlying lawsuits brought against a property owner and construction company that were additional insureds, another carrier told a New York federal court, arguing that the primary insurer previously agreed to offer coverage but reneged without reason.
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January 26, 2026
Geico Pays $900K Settlement To End Call Center OT Suits
Geico will pay $900,000 to settle several suits, all accusing the insurance company of not paying call center workers for preshift and postshift work, after a Georgia federal judge gave the deal final approval.
Expert Analysis
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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.
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Athlete's Countersuit Highlights Broader NIL Coverage Issues
Former University of Georgia football player Damon Wilson's countersuit against the university's athletic association over a name, image and likeness contract offers an early view into how NIL disputes — and the attendant coverage implications — may metastasize once institutions step fully into the role of contracting and enforcement parties, says Sarah Abrams at Baleen Specialty.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Targeted Action, Rule Tweaks Reflect 2025 AML Priority Shifts
Though 2025’s anti-money-laundering landscape was characterized not by volume of penalties but by the strategic recalibration of how illicit finance risk is handled, a series of targeted enforcement actions signaled that regulators aren't easing off the accelerator, even as they refine the rules of the road, say attorneys at MoFo.
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What To Know About NY's Drastic 3rd-Party Practice Changes
Last month, New York Gov. Kathy Hochul signed a law establishing new time limits for the commencement of third-party actions, which will have dramatic effects on insurance defense practice, particularly cases involving construction site accidents or claims of premises liability, says Shawn Schatzle at Lewis Brisbois.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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Maximizing Cyberinsurance Coverage In 2026
One of the most significant risks policyholders face in 2026 is the risk of loss caused by infiltration of their computer systems or manipulation of their employees through the use of computers, highlighting the need for a comprehensive cyberinsurance policy review, say attorneys at Cohen Ziffer.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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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.