Specialty Lines
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September 11, 2025
OpenAI Death Suit Heightens AI Insurance Concerns
A wrongful death lawsuit filed against OpenAI and its CEO has insurance experts evaluating what potential carrier involvement may look like, bolstering concerns over whether creators of artificial intelligence platforms have proper coverage and whether carriers could be on the hook for potentially large losses.
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September 11, 2025
Lloyd's Fossil Fuel Reversal Strikes Experts As Political
Lloyd's of London's recent move to relax coverage restrictions for certain fossil fuel businesses reflects a more permissive political climate for polluting industries, experts said, while advocates for sustainable investment called it bad business.
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September 11, 2025
Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal
Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused as students, alleging the deal was "tainted by collusion" and well outside the bounds of their respective policies.
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September 11, 2025
Insurance Litigation Week In Review
A New York federal court analyzed policy limits and retentions over abuse claims against the Archdiocese of New York, the First Circuit ordered an insurer to defend a class action over allegedly faulty heating oil, and insurers notified the Fifth Circuit of a potential settlement in their hurricane arbitration appeal.
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September 11, 2025
5th Circ. Won't Revisit Doctor's Captive Insurance Case
The Fifth Circuit rejected a Texas doctor's request for the full court to review a panel's July decision that he was not entitled to $1 million in tax deductions linked to his urgent care network's captive insurance company.
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September 10, 2025
Liberty Says Subcontractor's Insurer Must Defend Injury Row
A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.
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September 10, 2025
$5.9M Fidelity National Data Breach Settlement Gets Final OK
A Florida federal court officially signed off on a $5.9 million settlement of a proposed class action against title insurer Fidelity National Financial over a November 2023 data breach that allegedly impacted roughly 1.3 million individuals, noting the court was notified of a settlement just seven months after the litigation commenced.
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September 10, 2025
McCarter & English Atty Admitted Breaches, Insurers Claim
Two insurance companies have asked a Connecticut Superior Court judge's permission to file a late request for a quick win on two breach of contract claims against McCarter & English LLP and one of its attorneys, saying the lawyer's deposition left no facts in dispute on those specific counts.
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September 08, 2025
Court Tosses Benefits Co.'s Atty Fee Claim Against Insurer
An Illinois federal court on Monday threw out a benefits administration company's counterclaim for attorney fees under a state statute relating to "vexatious and unreasonable" conduct by insurers, finding that the company failed to support its claims that an insurer engaged in such conduct with sufficient facts.
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September 04, 2025
Progressive Class Cert. Reversals Point To Claim Individuality
Progressive Insurance secured another class certification reversal in a lawsuit over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, and one of the carrier's attorneys praised the Fourth Circuit for finding that the issues at hand are individualistic in nature. King & Spalding LLP's Jeffrey Cashdan spoke to Law360 about that victory and two others for the carrier in the circuit courts.
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September 04, 2025
Cyber Claims May Hide AI-Related Risks, Insurer Atty Warns
Insurers long concerned about the risks posed by artificial intelligence tools that their companies and vendors are using may find a limited window into the scope of that threat in the current claims environment. TittmannWeix partner Judith Selby, who represents insurers on cybersecurity risk and tech errors and omissions policies, spoke to Law360 about AI claims.
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September 04, 2025
Life Insurer Accused Of Policy Rescission Scheme
A life insurer violated Arkansas law by broadly denying policy benefits to residents for reasons causally unrelated to a given policy owner's death, a woman told a federal court, saying the state Legislature expressly prohibited such conduct more than 10 years ago.
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September 04, 2025
Insurance Litigation Week In Review
The Delaware Supreme Court refused to take up a midcase appeal in Mattel's suit over coverage for unsafe sleeper claims, the Eighth Circuit affirmed an apartment complex's $27 million award against Travelers and the Fifth Circuit heard arguments over a group of domestic insurers' bid to arbitrate hurricane damage claims. Here, Law360 takes a look at the past week's top insurance news.
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September 04, 2025
Chinese Insurers Leading Race To Cover Renewable Energy
The global renewable insurance market grew from $5.65 billion in 2020 to $8 billion in 2024, with insurers from China underwriting most premiums in recent years, analysis from a campaign group shows.
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September 03, 2025
Investment Co. Founder's Life Insurance Award Dropped To $1
The Fourth Circuit affirmed Wednesday that a jury did not have sufficient evidence to conclude that historian and investment firm founder Malcolm Wiener suffered $16 million in damages over a canceled life insurance policy, saying Wiener may only recover $1 in nominal damages.
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September 03, 2025
Insurer Escapes Duty To Cover Lab's Suit Over COVID Tests
Continental Casualty Co. is not obligated to cover a Pennsylvania laboratory in an underlying lawsuit brought by a COVID-19 test manufacturer that accuses the lab of neglecting its responsibilities and falsely disparaging its tests, a Pennsylvania federal judge ruled Friday, finding the claims are barred due to two exclusions within the insurer's policy.
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September 03, 2025
Nationwide Unit Needn't Cover Restaurateur In Fraud Disputes
The former co-manager of a defunct Colorado restaurant venture cannot get coverage for a suit alleging he defrauded a lender and a separate bankruptcy proceeding, a New York federal court ruled, finding a Nationwide unit has no duty to defend him under a policy issued to the entity he partnered with.
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August 29, 2025
8th Circ.'s 'Erie Guess' Affirms Apt. Co.'s $27M Insurance Win
A partially split Eighth Circuit panel affirmed an apartment complex's $27 million jury award against Travelers Insurance, holding that an expert's testimony about the presence of carcinogenetic soot is sufficient to support the verdict that a fire on the property caused "direct physical loss of or damage to" unburned sections.
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August 28, 2025
Katrina's Insurance Lessons Ever Relevant 20 Years Later
Hurricane Katrina's landfall in New Orleans 20 years ago was an unprecedented catastrophe that resulted in financial consequences and insurance lessons that are more relevant today than ever, as fossil fuel-induced climate change promises more intense storms, experts say.
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August 28, 2025
Rising Facial Recognition Suits May Fuel BIPA Coverage Rows
Growing public scrutiny and lawsuits around the use of facial recognition technology reveal the insurance risks that companies face under Illinois' biometric data privacy law, contributing to an already hot area of dispute for coverage.
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August 28, 2025
Team Says Insurer Owes $5.5M Over MLB Negotiations Deal
An Oregon baseball team called the Salem-Keizer Volcanoes told a New Hampshire federal court that an insurer for the association behind Minor League Baseball must cover its $5.5 million judgment against MiLB over claims that MiLB snubbed the Volcanoes out of an overarching agreement with the major leagues.
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August 28, 2025
Crop Insurance Changes Bring Needed Funding Boost
The U.S. Department of Agriculture's Risk Management Agency implementation of enhancements to federal crop insurance programs under the One Big Beautiful Bill Act includes a funding boost to programs, but leaves some industry experts hoping there's more legislation to come.
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August 28, 2025
Rhodium Founders Defend D&O Coverage Request In Ch. 11
Founders of cryptocurrency mining firm Rhodium are defending their request for leave to pursue payouts from the company's directors and officers insurance policy, saying an ad hoc group's protests fell flat since any shortfalls in coverage would primarily affect the founders and the outcome would not change based on sufficiency of the coverage.
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August 28, 2025
Insurance Litigation Week In Review
The Fourth Circuit erased class certification in a lawsuit challenging Progressive's coverage of totaled vehicles, the First Circuit said an insurer had no defense obligations over an eviction scheme alleged at a senior living facility and the Ninth Circuit assessed the "unconscionability" of liability language in an aircraft service agreement. Here, Law360 takes a look at the past week's top insurance news.
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August 26, 2025
Clause Not Unconscionable In Jet Damage Row, 9th Circ. Says
A "limitation of liability" provision that an aircraft services company used in a "landing card" agreement for arriving aircraft wasn't unconscionable under Nevada law, the Ninth Circuit ruled, siding against an insurer demanding that the company reimburse it for damage to a private jet stored at a Las Vegas airport.
Expert Analysis
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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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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.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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Atty Insurance Implications Of Rising Nonclient Cyber Claims
As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.
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Addressing D&O Allocation Questions Amid Shifting Economy
As increasing global insolvency this year may lead to an increase in directors and officers insurance claims, businesses should review their policies' allocation provisions to avoid negotiating how coverage will apply to covered and uncovered claims during a suit, say attorneys at Reed Smith.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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5 Insurance Types For Mitigating Tariff-Related Trade Losses
The potential for significant trade-related losses as a result of increased tariffs may cause companies to consider which of their insurance policies, including marine, builders risk, trade credit, and directors and officers, could provide coverage to alleviate the financial impact, say attorneys at Pillsbury.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.