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Insurance
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June 24, 2025
Gaming Co. Asks 11th Circ. To Uphold Malpractice Coverage
A gaming company and a law firm asked the Eleventh Circuit to reject an insurer's bid to avoid representing the firm in a malpractice case, arguing that if at least one claim in an underlying complaint was covered, the insurer couldn't apply a misappropriation exclusion.
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June 24, 2025
Pollution Exclusion Applies Without Exception, AIG Unit Says
An AIG unit urged the Illinois Supreme Court to find that a permit or regulation allowing a company to discharge toxins into the environment has no bearing on the application of a pollution exclusion, saying "pollution is pollution" regardless of government authorization.
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June 24, 2025
Lewis Brisbois Opens Insurance Practice With Atty From WTW
Lewis Brisbois Bisgaard & Smith LLP has launched a practice catering to the legal needs of insurance underwriters, product leaders and managing general underwriters and agents, hiring a former executive vice president at insurance broker Willis Towers Watson PLC to co-chair it.
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June 23, 2025
Calif. Property Co. Denied Early Win In Defect Coverage Suit
A California federal court refused to hand a partial win to the owner of a Brentwood retirement community seeking excess coverage for an underlying settlement stemming from homeowners' construction defect claims, saying genuine issues of fact exist as to whether the claims constitute "suits" under the policy.
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June 23, 2025
Imerys Ditches Italian Talc Unit In Updated Ch. 11 Plan
Bankrupt talc producer Imerys Talc America has filed an updated Chapter 11 plan that contemplates the dismissal of its Italian affiliate from the case, noting that skepticism from a Delaware bankruptcy judge about the unit's ability to survive a challenge to its bankruptcy filing led to the decision.
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June 23, 2025
Aflac Hit With Data Breach Class Action In Ga.
Aflac Inc. was sued Saturday in Georgia federal court over allegations that it failed to safeguard the personally identifiable information and protected health information of its customers during a recent data breach.
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June 23, 2025
Mayer Brown Brings On Ex-Athene Atty For Insurance Team
Mayer Brown said Monday that it added a former counsel for retirement services company Athene to its Chicago office, where he will serve as a partner in the firm's corporate and securities practice and global insurance industry group.
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June 23, 2025
Justices Skip Pa. Med Mal Fund's Bid To Shield $300M Surplus
The U.S. Supreme Court said Monday it won't decide if Pennsylvania's medical malpractice insurance fund is a government entity for the purpose of determining if the state is authorized to dip into the money pool's $300 million budget surplus.
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June 20, 2025
Judge Awards $29.5M Counsel Fee For $147.5M Class Deal
A Connecticut federal judge has given final approval to a $147.5 million settlement for an insurance fee class while awarding $29.5 million in attorney fees spread across three firms, marking a 5% reduction to the cut of the settlement counsel sought.
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June 20, 2025
9th Circ. Says NY Claims Against Hyundai Raise 'Novel' Issue
A split panel of the Ninth Circuit Friday refused to toss negligence claims from cities in Ohio and Wisconsin in consolidated litigation alleging Hyundai and Kia, of which Hyundai is a major shareholder, sold vehicles with design flaws that enabled car thefts nationwide, but said negligence claims under New York law "raise a novel issue" of state law.
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June 20, 2025
2nd Circ. Backs Chubb's Win In $49M Sandy Coverage Fight
The Second Circuit on Friday cemented a Chubb unit's win in a decade-long dispute over a chocolatier's bid for an additional $49 million in coverage for Superstorm Sandy losses, affirming a decision denying the chocolatier's requests to set aside a jury verdict or hold a new trial.
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June 20, 2025
Hartford Claims Co. Accused Of Shortchanging Auto Payouts
Hartford Fire Insurance Co. was hit with proposed class claims in Connecticut federal court that it failed to pay full value for totaled cars under individual policies, after it used third-party data to whittle hundreds of dollars from vehicle prices as uniform claims administrator for 20 other insurers under The Hartford banner.
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June 20, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Pogust Goodhead face legal action from mining giant BHP Group, Trainline bring a procurement claim against the Department for Transport, Sworders auction house sue Conservative peer Patricia Rawlings, and Nokia hit with a patents claim by Hisense. Here, Law360 looks at these and other new claims in the U.K.
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June 20, 2025
Liberty Mutual Off Hook For Tow Charge After Fatal Crash
Liberty Mutual is not responsible for $118,290 a Massachusetts towing company tried to collect in storage charges for a vehicle that was evidence in a fatal car accident, the state's highest court concluded Friday.
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June 20, 2025
Golf Course Biz Says Insurer Shirking $3M In Helene Damages
The owner of three North Carolina golf courses is suing Cincinnati Insurance for breach of contract after the company failed to fully cover property damage caused by Hurricane Helene, arguing its substantial premium clearly covers the destruction left by the 2024 storm.
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June 20, 2025
Norton Rose Adds Holland & Knight Tax Partner In DC
Norton Rose Fulbright has expanded its tax insurance underwriting offerings in the nation's capital with the addition of a partner from Holland & Knight LLP.
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June 20, 2025
Aflac Hacked In 'Campaign' Against Insurance Industry
Aflac is the latest target of an ongoing "cybercrime campaign against the insurance industry," the company said Friday, reporting that a breach has potentially exposed claims and health data, Social Security numbers and other personal information.
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June 18, 2025
State Farm Likely To Face 200K Calif. Homeowner Class
A California federal judge indicated Wednesday that he'll likely certify a class of nearly 200,000 homeowners in litigation alleging that State Farm underpays property insurance claims by depreciating sales tax when calculating replacement costs, saying a common issue predominates and noting he'd sided with plaintiffs in a similar 2017 case.
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June 18, 2025
Pollution Insurer Says Cos. Not Covered In Groundwater Row
A pollution liability insurer for an oilfield services company told a Texas federal court it owes no coverage for two lawsuits accusing the company and a former subsidiary of groundwater contamination, arguing the company breached its claim reporting requirements and knew of the alleged contamination before purchasing coverage.
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June 18, 2025
Colo. Judge Trims REIT's Antitrust MDL Coverage Dispute
A Colorado federal court trimmed a real estate investment trust's suit seeking coverage for antitrust multidistrict litigation, saying the trust's statutory bad faith claim under Colorado law could not proceed because of a New York choice-of-law provision in its primary policy.
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June 18, 2025
Wash. Panel Sides With Insurer In Café Fire Damage Suit
A couple's commercial property insurer has no duty to cover damage from a kitchen fire at their café, a Washington state appeals court affirmed, finding the couple lacked certain protective safeguards that were required as part of their fire suppression system.
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June 18, 2025
Firm Can't Keep Atty's Fla. Whistleblower Suit In Federal Court
A Florida judge sent a whistleblower's lawsuit against her former law firm Matthiesen Wickert & Lehrer SC to state court, finding that the firm failed to prove the amount in controversy exceeded a $75,000 threshold to stay in federal court.
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June 18, 2025
Loss Of Ga. Immunity Doctrine A Blow To Malpractice Defense
Lawyers in the Peach State are expected to have a tougher time defending against legal malpractice claims now that the Georgia Supreme Court has thrown out an attorney judgment immunity doctrine that was more than 30 years old, rejecting a bid from more than two dozen law firms to keep it alive.
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June 17, 2025
Cancer Diagnostics Firm, Insurer Price 2 IPOs Totaling $902M
Cancer-diagnostics test provider Caris Life Sciences Inc. and coastal-focused residential insurer Slide Insurance Holdings Inc. will begin trading Wednesday after pricing two initial public offerings that raised a combined $902 million, guided by five law firms.
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June 17, 2025
AIG Unit, Air Co. Seek Quick Wins In Herbicide Damage Row
An air services company told a New York federal court that an AIG unit must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit countered that neither company's general liability policy nor specialty "aerial applicator" policy applies.
Expert Analysis
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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30 Years Later: 2nd Circ.'s Road To Arbitral Preemption
The Second Circuit's recent decision in Lloyds of London v. 3131 Veterans Blvd. overturns its own 1995 precedent and squares its position with decades of circuit court jurisprudence holding that international arbitration agreements must take primacy over state anti-arbitration insurance laws, say attorneys at Linklaters.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Ruling On Pollutants And Indemnity Offers Insurers Mixed Bag
Both insurers and policyholders can reap benefits from a Georgia federal court's recent declaratory judgment decision, which broadly defined pollutants, but also deemed the duty to indemnify not yet ripe for adjudication, says Jena Emory at Morris Manning.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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What Disparate Impact Order Means For Insurers' AI Use
A recent executive order seeking to bar disparate impact theory conveys a meaningful policy shift, but does not alter the legal status of federal antidiscrimination law or enforceability of state laws, such as those holding insurers accountable for using artificial intelligence in a nondiscriminatory matter, say attorneys at Eversheds Sutherland.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.