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Insurance
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August 05, 2025
Homeowners Policy Doesn't Cover Shooting, 6th Circ. Says
State Farm has no duty to defend or indemnify a man facing wrongful death claims after he unintentionally shot and killed a woman in a domestic dispute, the Sixth Circuit affirmed Tuesday, finding that his intentional gunshots still created a foreseeable risk of harm and thus weren't an insurable accident.
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August 05, 2025
Ga. Poultry Co. Says Insurer Must Cover Data Breach Suits
A poultry producer said it is entitled to coverage for underlying class actions stemming from a data breach that compromised its employees' personal information, telling a Georgia federal court that its insurer has wrongfully denied coverage based on what the insurer alleges was inadequate notice.
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August 05, 2025
Insurer Must Turn Over Adjuster Docs In Hotel's Fire Loss Suit
A hotel owner's insurer must turn over certain documents relating to the disciplinary history, compensation and qualifications of certain claims adjusters, an Idaho federal court ruled after the owner accused the insurer of intentionally delaying the resolution of its fire loss claim.
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August 05, 2025
Property Co. Sues Zurich Over Music Video Shooting Defense
Zurich failed to adequately defend claims over a shooting that occurred during the filming of a music video for rapper Lil Baby, an Atlanta property owner told a Georgia federal court, saying it's entitled to retain independent counsel at the insurer's expense due to an ongoing conflict of interest.
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August 05, 2025
States Win Ruling To Shield FEMA Disaster Prevention Funds
A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.
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August 04, 2025
Phone Dealer Fights Sanctions Bid In Stolen Shipment Suit
A cellphone dealer facing a lawsuit over a stolen shipment has urged a North Carolina federal judge not to sanction it over its allegedly deficient discovery responses, arguing that it has turned over nearly 20,000 pages of information and "acted in good faith" to resolve the dispute.
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August 04, 2025
Title Insurer Faces Partial Loss In $26M Loan Dispute
A lender's title insurer breached its duty to defend mechanic's lien lawsuits from subcontractors after a senior living community owner defaulted on its nearly $26 million construction loan, a Colorado federal court ruled, adding that the insurer had to indemnify certain amounts of the general contractor's lien claim, too.
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August 04, 2025
Firms Not Covered In Ford's $100M RICO Suit, Insurer Says
An insurer said it has no duty to defend or indemnify law firms and attorneys accused of running a billing scheme that defrauded Ford out of more than $100 million, telling a California federal court that the suit doesn't involve a claim arising out of the performance of legal services.
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August 04, 2025
Tax Court Declares Grocery Chain's In-House Insurer Ineligible
A grocery store chain's in-house insurance company did not operate as a normal insurer and therefore cannot deduct millions of dollars it received in insurance premiums, the U.S. Tax Court said Monday.
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August 04, 2025
Oil Co., Tokio Marine Unit Settle $24M Bond Dispute
A Tokio Marine unit, an oil and gas company and a property owner have settled a $24 million dispute over outstanding reclamation bonds guaranteeing the proper environmental remediation of oil and gas properties, according to an order dismissing the case filed in Texas federal court.
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August 04, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.
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August 04, 2025
Judge Sends Asbestos Coverage Row Back To State Court
A Michigan federal judge on Monday remanded to state court a dispute over the allocation of commercial general liability coverage for nationwide asbestos injury suits, reasoning from the bench that defendants who are served after a case is removed to federal court should have the right to challenge that forum change.
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August 04, 2025
Lowenstein Sandler Hires New Insurance Recovery Partner
Lowenstein Sandler LLP has added a new partner to its insurance recovery group who has a wide breadth of experience in not only representing corporate policyholders, but also in advising clients in general commercial cases, the firm announced Monday.
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August 01, 2025
Marsh McLennan Sues In Del. Claiming Mass 'Poach'
Insurance brokerage and risk management giant Marsh & McLennan Cos. sued U.S. affiliates of London-based Howden Holdings Ltd. in Delaware's Court of Chancery on Friday, alleging Howden arranged a mass "lift out" of Marsh McLennan employees and clients around the country.
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August 01, 2025
Deal Near In Sex Abuse Litigation Coverage Fight, Court Told
Counsel for a neurosurgery institute told a Pennsylvania federal court Friday it plans to confirm a final agreement with the institute's insurers in a coverage dispute over underlying litigation alleging former patients were assaulted by a now-deceased neurologist, as settlements are pending with each underlying plaintiff.
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August 01, 2025
Most Of Property Co.'s Hailstorm Insurance Fight Tossed
A property investment company can raise nearly none of its claims against its insurer for hailstorm damage from 2019 and 2023, a North Carolina federal court ruled, finding that because claims concerning the 2019 storm are time-barred, those corresponding documents can't support much of the 2023 claims.
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August 01, 2025
Chancery Rules Gallagher Owes $50M In 'Earnout' Suit
An Arthur J. Gallagher & Co. subsidiary breached a contract by withholding $50 million owed to a patent insurance and underwriting venture under first-year terms of a three-year merger and earnout deal, a Delaware vice chancellor has found.
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August 01, 2025
Cargill Says Chubb Unit Must Cover $170M Ice Cream Loss
Cargill Inc. accused a Chubb unit of failing to cover contaminated batches of ice cream and other food products that caused roughly $170 million in losses, telling a Pennsylvania state court that though the unit "may" rely on a pollution exclusion, an exception in the provision would restore coverage.
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August 01, 2025
Steel Workers Want OK Of $1.8M Deal In Inflated Stock Suit
A former employee of Flat Rock Metal and Bar Processing has asked a Michigan federal judge to grant a green light to a $1.8 million settlement in a suit claiming the trustees of the company's employee stock ownership plan allowed the plan to buy $60 million in company stock at an inflated price.
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August 01, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen several telco giants hit with a trademark claim, a collapsed hotel company sue a property investor in an ongoing dispute over a decades-old hotel sale, and two litigation funders square off against each other.
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July 31, 2025
Yahoo Says Chubb Unit Must Cover Potential EU Privacy Fines
Yahoo says a Chubb subsidiary is obligated to cover regulatory fines that might be leveled against one of the tech company's subsidiaries for violating the European Union's data privacy law, but the insurer has refused to honor the policy, according to a lawsuit filed this week in Delaware.
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July 31, 2025
10th Circ. Says Water Exclusion Bars Co.'s $1.75M Loss
A Kansas office building's property insurer has no duty to provide coverage for roughly $1.75 million in repairs over a broken water pipe, the Tenth Circuit ruled, rejecting the building owner's argument that an exception in one exclusion conflicted with a separate exclusion for water damage.
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July 31, 2025
Lloyd's, Loan Provider Settle $3M Pitcher Coverage Feud
Lloyd's of London underwriters and loan service provider RockFence Baseball LLC have settled their dispute over coverage for the $3.16 million loan of a former Minnesota Twins pitcher, after a California federal judge ordered the parties into arbitration in January 2024.
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July 31, 2025
New Orleans Diocese Working On $180M Ch. 11 Plan Docs
The bankrupt Roman Catholic Archdiocese of New Orleans asked a Louisiana judge for additional time Thursday to work on resolving opposition to its Chapter 11 plan disclosure statement that describes a $180 million settlement fund to provide recoveries to victims of childhood sexual abuse.
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July 31, 2025
Anadarko Asks 5th Circ. To Back La. Suit Indemnity Win
Anadarko Petroleum Corp. has asked the Fifth Circuit to uphold its indemnification win against an environmental remediation company in connection with a decade-old Louisiana kickback suit, writing that "one who makes his own bed must lie in it."
Expert Analysis
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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NM Cyber Ruling Will Spur Litigation As Coverage Remedy
In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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How Insurance Policies Are Adapting To AI Risk
While many risks related to artificial intelligence may still fit under existing commercial insurance policies, the rise of broad AI exclusions, the definitional uncertainties surrounding what qualifies as AI and the emergence of affirmative AI coverage signal a shift toward a more fragmented and complex coverage environment, say attorneys at Hunton.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.