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Insurance
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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
McDonald's Loses Bid To Force Insurer To Cover Legal Fees
An Illinois federal judge ruled Wednesday that Homeland Insurance Co. of New York doesn't have to cover the costs McDonald's incurred defending a former employee's violent workplace claims, saying the psychological harm that worker suffered doesn't amount to a physical, bodily injury that would have triggered coverage under the policy.
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September 11, 2025
Nationwide, Travelers Settle 'Hot Tub Lung' Coverage Dispute
Nationwide and Travelers told a California federal judge they have reached a settlement in a lawsuit over coverage for a condominium association facing claims from a resident alleging he needed a double lung transplant due to contaminants from a hot tub and pool.
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September 11, 2025
$8.7 Million Data Breach Deal Gets Preliminary Approval
A human resources and employee benefits management company moved one step closer to resolving a consolidated, proposed class action over a data breach that affected roughly 580,000 individuals as a California federal court gave preliminary approval to an $8.7 million settlement.
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September 11, 2025
Insurer, Firearms Co. Drop Ghost Gun Coverage Dispute
A firearms retailer and its insurer have resolved a dispute over coverage for three underlying government suits alleging that the company contributed to gun violence by selling unfinished components used to assemble so-called ghost guns, according to a New York federal court filing.
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September 11, 2025
Berkshire Co. Says Insurers Owe $22M For Antitrust Judgment
A Berkshire Hathaway-owned construction supplier said its insurers must pay for a $22.2 million judgment against it in a competitor's antitrust suit, telling a Colorado federal court that policies issued by Liberty Mutual, Swiss Re and Allianz units cover claims based on the publication of disparaging material.
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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
Chubb Says La. Casino Can't Stop English Arbitration Case
A Chubb unit has asked a Louisiana federal judge to toss a lawsuit by the owners of a casino as they look to halt parallel litigation in England related to arbitration proceedings for a COVID-19 pandemic coverage case, saying a British court order bars the U.S. suit.
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September 10, 2025
NY Distillery Secures Coverage For Whiskey Barrel Damage
A distillery in New York's Hudson Valley can get coverage for the loss of 52 barrels of aged whiskey under a policy provision providing additional coverage for damage caused by an "abrupt collapse," a federal court ruled, saying the distillery's interpretation of the term was more reasonable than its insurer's.
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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 10, 2025
$7M Ida Damage Case Settles Amid 5th Circ. Arbitration Fight
A New Orleans property owner and its insurers have resolved a dispute over coverage for a $7 million Hurricane Ida damage claim, amid a fight over whether the matter belonged in arbitration, the parties told the Fifth Circuit.
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September 09, 2025
Colo. Justices Rule Interest Not Covered By $1M Med Mal Cap
The Colorado Supreme Court has ruled that the state's $1 million cap on medical malpractice damages doesn't encompass certain interest awards when the so-called good cause exception applies, in a suit accusing a doctor of causing a baby's severe brain injury.
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September 09, 2025
No CGL Coverage In Medical Negligence Row, NM Court Says
A Travelers unit that issued a commercial general liability policy to an orthopedic clinic owes no coverage to the clinic and two of its physicians in an ongoing medical negligence lawsuit, a New Mexico federal court ruled, finding an exclusion barring claims arising from "professional health care services" applicable.
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September 09, 2025
Woman Says Co.'s Auto Insurer Owes $7.5M Crash Judgment
A woman injured in a crash with a food service distributor's employee said the company's insurer must pay for a $7.5 million judgment entered in her favor, telling a Connecticut federal court Tuesday that the carrier failed to protect its insureds.
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September 09, 2025
Alfa Insurance Beats Ga. Church In Fire Coverage Dispute
Alfa Insurance Corp. won't owe any coverage for a metro Atlanta church's 2022 fire after notching an early win Tuesday on its claims that the church lied about prior property damage on its policy application.
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September 09, 2025
11th Circ. Told Insurers Wrongly Denied $5.6M To Railroad Co.
A Florida railroad company incurred minimal losses from Hurricane Irma in 2017 because it took measures to protect its property, but insurers unfairly used the preventive efforts to justify denying coverage for $5.6 million worth of costs under an all-risk policy, it told an Eleventh Circuit panel on Tuesday.
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September 09, 2025
Full 11th Circ. Backs Health Plan's Gender Care Exclusions
The Eleventh Circuit struck down a win Tuesday for a transgender sheriff's deputy who sued a Georgia county health plan after it refused to pay for gender-affirming surgery, saying the challenged coverage exclusion did not violate federal anti-discrimination law.
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September 09, 2025
Insurance Tech Co. Owes For Unpaid Work, Ex-Employee Says
Insurance technology provider Zinnia does not pay its customer service personnel for all pre- and post-work activities, or for work that is performed during their meal breaks, according to a proposed collective and class action filed in Connecticut federal court.
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September 09, 2025
1st Circ. Says Insurer Must Defend Heating Oil Class Action
An insurer for a heating oil company must defend the company in a Massachusetts class action accusing it of damaging customers' heating equipment by adding too much biodiesel to its heating oil, the First Circuit ruled, finding the company's provision of the oil to customers constituted separate occurrences.
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September 09, 2025
Crate & Barrel's Insurer Owes Primary Coverage In Injury Suit
Crate & Barrel's insurer has the primary duty to defend and indemnify a company that subleased a commercial space to the retailer and the owner of the Lower Manhattan property in an underlying personal injury suit, a New York federal court ruled, handing a win to the sublessor's insurer.
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September 09, 2025
Court Urged To Deny Bid To Block Captive Reporting Rules
A Texas federal court should deny an injunction to a Texas plastics company seeking to stop the IRS from flagging microcaptive insurance plans as potentially abusive tax avoidance schemes, the U.S. argued, saying the public could lose millions of tax dollars on illegitimate transactions.
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September 08, 2025
10th Circ. Backs Dentist's Murder, Insurance Fraud Convictions
A dentist convicted of murdering his wife on a hunting trip in Zambia to collect nearly $5 million in life insurance who became the subject of a Hulu documentary must continue to serve a life prison sentence for murder and insurance fraud, the Tenth Circuit ruled on Monday.
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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.
Expert Analysis
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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.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Del. Dispatch: General Partner Discretion In Valuing Incentives
In Walker v. FRP Investors, the Delaware Court of Chancery recently held that the general partner of a limited partnership breached its obligations when determining the threshold value of newly issued incentive units, highlighting the court's willingness to reconstruct what a reasonable determination of value by a general partner should have been, say attorneys at Fried Frank.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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Court Rulings Warn Against Oversharing With Experts
Recent decisions, including in bad faith insurance cases, demonstrate that when settlement information documents are inadvertently shared with testifying experts, courts may see no recourse but to strike the entire report or disqualify the expert, says Richard Mason at MasonADR.