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Insurance
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August 08, 2025
Wash. Firm's $1M Cyber Insurance Suit Survives Dismissal
A Washington federal court rejected a cyber insurer's bid to dismiss a law firm's coverage action alleging it lost more than $1 million in a data breach that also involved spoofed emails, finding the insurer's interpretation of the word "for" was unreasonable, given the structure of the policy.
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August 08, 2025
Administration Says States Can't Second-Guess ACA Changes
The Trump administration urged a Massachusetts federal court to reject a request by a group of states seeking to stay implementation of new rules that will reduce Affordable Care Act healthcare marketplace subsidies and enforce certain enrollment restrictions.
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August 08, 2025
New Orleans Archdiocese Plan Will Get One Shot In November
A Louisiana bankruptcy judge on Friday gave the Roman Catholic Archdiocese of New Orleans permission to send its Chapter 11 plan out for a creditor vote and to hold a November confirmation hearing, but warned the parties this was their only chance to put the proposal into effect.
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August 07, 2025
Insurers Say Property Co.'s $7M Ida Claim Must Be Arbitrated
A lower court order forcing a New Orleans property owner to arbitrate its $7 million Hurricane Ida damage claim against its domestic insurers should be reinstated, a group of carriers told the Fifth Circuit on Thursday, saying the New York Convention mandates the enforcement of the policy's arbitration provision.
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August 07, 2025
Judge Says Flood Exclusion Sinks Storm Coverage Suit
A jewelry store's property insurer owes no coverage over claims for rainstorm damage, a Michigan federal court ruled Thursday, finding an exclusion barring coverage from water overflow due to floods was applicable.
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August 07, 2025
Illinois Co. Fights Texas Insurance Law On Physical Offices
An Illinois-based company has sued the commissioner of the Texas Department of Insurance over a law that requires the company to have a physical presence in the state in order to keep its title insurance producer license, alleging on Thursday the requirement is unconstitutional.
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August 07, 2025
Anthem Seeks Exit From Lab's $3.8M Insurance Suit
Anthem Blue Cross Blue Shield of Connecticut again asked a federal judge to let it out of a lab's $3.8 million suit alleging the company failed to pay 3,000 insurance claims for medical tests, arguing that the lab's second amended complaint didn't make up for the deficiencies that got most of the first one dismissed.
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August 07, 2025
Insurer Says Conviction Bars Coverage For Police Injury Suit
An insurer has no duty to defend or indemnify a man facing a civil claim of negligently blinding a Los Angeles police officer with a laser, it told a California federal court, saying the man's criminal conviction for assault means his conduct was intentional and therefore not covered.
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August 07, 2025
Global Insured Losses Hit $80B In Record First Half Of Year
Insured losses from natural disasters reached around $80 billion in the first six months of 2025, reinsurance giant Swiss Re Group has said, marking the second-costliest start to a year ever.
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August 06, 2025
States Urge Justices To Back Med Mal Laws In Federal Court
Tennessee and 26 other states on Wednesday urged the U.S. Supreme Court to hold that state statutes requiring an expert affidavit in all medical malpractice suits may be applied in federal court, arguing that overriding these laws under federal procedure rules would undermine state authority.
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August 06, 2025
Archdiocese Seeks Reinsurance Docs In Sex Abuse Row
The Archdiocese of New York urged a state appeals court Wednesday to uphold an order mandating that nine Chubb units turn over reinsurance documents as they litigate coverage for thousands of sex abuse lawsuits, noting Chubb already said before the trial court that "reinsurance is simply insurance for insurers."
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August 06, 2025
Insurer Can't Escape La. Church's $5M Hurricane Ida Suit
An insurer can't escape a Louisiana church's suit seeking nearly $5 million in coverage for claimed Hurricane Ida damage, a federal court ruled Wednesday, rejecting the insurer's contention that the church breached the policy's cooperation requirement and failed to provide timely proof of loss.
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August 06, 2025
Allianz Life Hit With Class Actions Over Data Breach
Allianz Life Insurance has been hit with a slew of proposed class actions in Minnesota federal court by customers who were among the nearly 1.4 million who had their personal information stolen in a mid-July data breach.
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August 06, 2025
Ceramics Co. Seeks Biz Interruption Coverage Over Hurricane
A ceramics and home goods retailer accused a Travelers unit of violating North Carolina's unfair claims settlement practices and deceptive trade practices laws, telling a federal court the insurer deliberately misrepresented statements from its chief financial officer to support its denial of the retailer's Hurricane Helene claim.
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August 06, 2025
CORRECTED: NJ Diocese Drops Abuse Coverage Claims Against Insurer
A Garden State diocese has voluntarily dropped its claims against one of its insurers it accused of violating state law over the coverage of defense costs tied to child sex abuse lawsuits, according to a Monday order.
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August 06, 2025
10th Circ. Partly Revives Ex-Sales Head's Client List Case
A split panel of the Tenth Circuit partially revived a case from a sales executive against his former employer who claims the company took a customer list, saying the executive had improperly been barred from offering expert testimony on his lost wages.
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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.
Expert Analysis
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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.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Texas Case Shows Why Juries Are Well-Suited To COVID Suits
The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.