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Insurance
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October 31, 2025
Insurer Not Liable For Crypto Settlement Row, Judge Says
An insurer for an attorney and his practice does not owe $275,000 to an investment company over a soured cryptocurrency deal that ended in a $700,000 settlement, a Pennsylvania federal court ruled, finding that a contractual liability exclusion in the attorney's policy applies.
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October 31, 2025
Aetna Strikes $650K Deal In Lipedema Patients' Coverage Suit
Aetna has agreed to pay up to $650,000 to resolve a class action claiming it unlawfully refused to cover liposuction for over two dozen patients with a rare condition called lipedema, according to a filing in California federal court.
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October 31, 2025
Mich. Panel Revives Woman's Claim For No-Fault Benefits
A Michigan state appeals court revived a woman's suit seeking personal injury protection benefits after a car crash, finding one exclusion in her no-fault policy invalid because it contravenes the state's no-fault law and another dependent on whether a Progressive unit was the insurer of the subject vehicle.
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October 31, 2025
Insurers Denied Bid To Stay Avon's Ch. 11 Plan For Appeal
A Delaware bankruptcy judge denied a motion Thursday from insurers at Lloyd's of London to stay Avon Inc.'s Chapter 11 plan while the insurers appeal, finding the insurers had not shown they would be irreparably harmed by the plan taking effect.
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October 31, 2025
4 Mass. Rulings You May Have Missed In October
Massachusetts state court judges in October dealt with missing details in a trade secrets case, missing lawyers in a proposed class action over COVID-19-related refund demands, and missing evidence during summary judgment proceedings.
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October 31, 2025
Segal McCambridge Expands To Colorado, Opens 20th Office
Segal McCambridge Singer & Mahoney Ltd. has launched an office in the Denver suburb of Englewood, Colorado, the 20th city it has expanded to since launching in 1986.
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October 31, 2025
Insurer, Subcontractor Settle Sinkhole Coverage Dispute
A subcontractor and its insurer told a Washington federal court that they've settled their coverage dispute over whether the subcontractor lodged an untimely defense tender for a now-settled counterclaim concerning a sinkhole at a Seattle ship canal project.
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October 31, 2025
Insurer Needn't Cover Conn. Property Co.'s Damage Claim
A Nationwide unit doesn't owe coverage for a property owner's claim over a burst water pipe that resulted in a sudden settling of a commercial building and made it unsafe for tenants, a Connecticut federal court ruled, finding that the policy's earth movement and settling exclusions apply.
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October 31, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen two regional law firms clash at the intellectual property court over the name Amicus Solicitors, Bill's Restaurant face a breach of contract suit by its former executive chair, and a Capita subsidiary sue the Metropolitan Police over a multimillion-pound procurement dispute.
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October 30, 2025
BetterHelp Wins Defense Costs From Insurer For Privacy Case
A California federal judge said a CNA Financial Corp. insurance unit must pay for BetterHelp's legal defense costs in underlying consumer litigation claiming the online therapy provider unlawfully disclosed private health information without consent, saying the timing of the alleged Electronic Communications Privacy Act violation triggered the duty to defend.
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October 30, 2025
FDIC's Hill Says Deposit Insurance Boost May Not Raise Costs
The Federal Deposit Insurance Corp.'s top official said at his Thursday confirmation hearing that a targeted increase in his agency's coverage limits could dampen depositor run risk without necessarily requiring it to charge all banks more for the extra protection.
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October 30, 2025
NC Justices Asked To Weigh In On Solar Co.'s Insurance Fight
A solar panel company urged the North Carolina Supreme Court to review its failed attempt to vacate a $1.4 million judgment it was ordered to pay an insurer, arguing that a lower court's opinion unduly narrows rules on vacating default judgments.
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October 30, 2025
NASCAR Driver Says Life Insurer Pitched Him 'Financial Trap'
NASCAR driver Kyle Busch and his wife said they lost $8.5 million after they were allegedly bamboozled by Pacific Life Insurance Co. and an insurance producer to invest in complex life insurance policies as a form of tax-free retirement income, according to a North Carolina state court complaint.
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October 30, 2025
Allstate Says Whirlpool Must Pay For Dishwasher Fire Damage
An Allstate insurer told a Pennsylvania federal court that it is entitled to recoup more than $100,000 from Whirlpool Corp. after a dishwasher the company manufactured set fire to a policyholder's property.
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October 30, 2025
Westfield Insurance Co. Hit With UIM Class Claims In Philly
Ohio-based insurer Westfield Insurance Co. has been hit with putative class claims alleging it unfairly denies its customers underinsured motorist benefits.
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October 30, 2025
Insurer Aims To Trim Woman's $7.5M Crash Coverage Suit
A food service distributor's auto insurer asked a Connecticut federal court to toss a woman's claim that it violated the state's unfair trade and insurance practices laws when handling an underlying crash dispute that resulted in a $7.5 million judgment.
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October 30, 2025
Wachtell, Debevoise Help AIG Buy $2.1B Stake In Insurer
Insurance heavyweight AIG, led by Wachtell and Debevoise, said Thursday that it will buy a minority stake in Weil-guided underwriter and insurer Convex Group Ltd. for $2.1 billion.
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October 29, 2025
NY's Allstate Data Breach Case Sent Back To State Court
A New York federal judge has sent a data breach lawsuit against an Allstate Insurance Co. unit back to state court, ruling that he lacks subject matter jurisdiction in the suit because the causes of action in the litigation are not created by federal law.
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October 29, 2025
Judge Says He Will End Oakland Diocese Ch. 11 By Nov. 12
A California bankruptcy judge said Wednesday he will grant a request by the Roman Catholic Diocese of Oakland to bow out of a Chapter 11 case it started two years ago by mid-November, but rejected calls from creditors to rule the bankruptcy had been filed in bad faith.
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October 29, 2025
9th Circ. Upholds Insurer's Win Over Retaining Wall Failure
The Ninth Circuit upheld a Washington federal court's no-coverage decision over a contractor's $2.66 million settlement relating to faulty retaining walls it constructed, agreeing Wednesday that a "sudden and accidental" exception in an "impaired property" exclusion did not apply to reinstate coverage for one wall that had failed.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
Concrete Co. Not Covered In $10M Defect Suit, Insurer Says
A concrete subcontractor accused by a general contractor of causing more than $10 million in damage to a 461-unit condominium project in downtown Denver is not entitled to coverage under the contractor's policy, an insurer told a Colorado federal court.
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October 29, 2025
Insurer Says Co.'s 'Improper Underwriting' Cost It Over $10M
An insurer for auto dealerships accused its insurance program administrator of repeatedly refusing to undergo a full audit of the administrator's records and underwriting practices, telling a New York federal court that, in an independent auditor's limited review of files, "findings of improper underwriting were staggering."
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October 29, 2025
Insurer Can't Avoid Massage Therapist's Coverage Claims
An insurer can drop its claims against a massage therapist in a dispute over coverage for an underlying malpractice contention but cannot escape the therapist's counterclaims for declaratory relief and breach of contract, a Minnesota federal court ruled.
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October 28, 2025
Off-Label Prescribing Was Common, Novo Nordisk Tells Jury
A whistleblower suing drugmaker Novo Nordisk for allegedly defrauding Washington state's Medicaid system acknowledged from the witness stand Tuesday that she previously prescribed hemophilia drugs for off-label use in her own practice — despite concerns she raised in her lawsuit about other doctors' off-label prescription of Novo Nordisk's drug NovoSeven.
Expert Analysis
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Puzzling Out When Similar Insurance Claims Are Related
A recent decision in Virginia federal court shows that more than identical allegations of negligent business practices across two lawsuits may be necessary to satisfy the strict definition of relatedness under claims-made liability insurance policies, say attorneys at Hunton.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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4 Questions For Insureds To Overcome Flood Exclusions
In a year of record flash flooding in the U.S., affected policyholders, who may assume that their policy's flood exclusion precludes recovery for losses, should look to the many factually and legally nuanced cases presenting pathways to coverage, says Micah Skidmore at Haynes Boone.