Insurance

  • September 21, 2026

    Care Facility Not Covered In Elder Abuse Suits, Insurer Says

    A Hanover Insurance unit told a Pennsylvania federal court that it has no duty to defend or indemnify a memory care facility or its operators and staff members in a number of underlying state court suits alleging the abuse of residents with dementia.

  • September 21, 2026

    Colo. Justices Say Insolvency Can't Trigger Excess Coverage

    The Colorado Supreme Court ruled that an umbrella or excess policy issuer isn't liable to drop down and provide first-dollar coverage when a scheduled underlying insurer becomes insolvent, according to the justices' opinion, issued Monday.

  • September 21, 2026

    Cigna Wins $1.8M In Fees After Payment Patent Fight

    A Texas federal magistrate judge has awarded Cigna Corp. nearly $1.8 million in legal fees in a case where it was cleared of infringing a card payment patent, just days after he said a shopping mall owner and gift card company were also entitled to fees in the legal battle.

  • September 21, 2026

    Ga. Property Owner, Insurer Wrap Up Roof Coverage Suit

    A commercial property owner and an insurance company told a Georgia federal judge Monday they had ended their legal battle over coverage for a storm-damaged roof.

  • September 21, 2026

    Latham Hires Haynes Boone Insurance Recovery Partner

    Latham & Watkins LLP has hired a longtime Haynes Boone attorney for its Washington, D.C., office who focuses his practice on representing corporate policyholders in complex, high-stakes insurance coverage disputes, the firm announced Monday.

  • September 21, 2026

    IRS Asks 5th Circ. To Pause Microcaptive Rules Case

    The IRS asked the Fifth Circuit to stay briefing in a global tax services provider's bid to revive its challenge to the agency's reporting rules for microcaptive insurance companies pending the resolution of a related case before the appeals court.

  • September 21, 2026

    Insurer Beats Auto Parts Co.'s $50M COVID-19 Coverage Bid

    A North Carolina federal court permanently tossed an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19 losses, saying the manufacturer failed to show that access to any of its insured facilities was limited due to the actual presence of a communicable disease.

  • September 21, 2026

    Kraft Heinz Says Insurers Won't Cover Processed Food Suits

    Chubb units and Liberty Mutual are wrongfully refusing to cover Kraft Heinz's defense costs for several lawsuits blaming the food company's "ultra-processed foods" for consumers' diabetes or fatty liver disease diagnoses, costing the company millions of dollars, Kraft Heinz said in a Pennsylvania state court complaint.

  • September 18, 2026

    2nd Circ. Says No Surprises Act Limits Private Right Of Action

    The Second Circuit on Thursday held that the No Surprises Act does not provide a private right of action for enforcing out-of-network billing dispute resolution awards, finding that Congress intended for such awards to be enforced via administrative action, not private litigation.

  • September 18, 2026

    Latham, Skadden Guide Orion180 Insurance's $240M IPO

    Orion180 Insurance Group Inc. began trading Friday after the specialty insurer sold 20 million shares for $12 each in a $240 million initial public offering guided by Latham & Watkins LLP and Skadden Arps Slate Meagher & Flom LLP.

  • September 18, 2026

    Insurers Seek To Toss $6M Mill Coverage Fight

    Insurers urged a Colorado state judge to toss a flour processor's claims over coverage for equipment destroyed in a Texas mill explosion, saying a roughly $6 million coverage fight does not support bad faith claims after insurers paid nearly $44 million toward the loss.

  • September 18, 2026

    Fla. Panel Upholds $1.19M Auto Crash Verdict Against Insurer

    A Florida state appellate court on Friday issued a split opinion upholding a $1.19 million noneconomic damages verdict for a woman injured by an uninsured motorist, but reversed a $230,000 award for future medical expenses after finding most of that amount was based on speculation. 

  • September 18, 2026

    NJ Justices Say No To Mass Tort For No Surprises Act Suits

    The New Jersey Supreme Court has rejected an application from five health insurers to designate 160 pending cases seeking the enforcement of alleged independent dispute resolution payment determinations issued under the federal No Surprises Act as multicounty litigation.

  • September 18, 2026

    NY Surgeons Say Elevance Penalty Policy Is Anticompetitive

    A practice group for independent neurosurgeons lobbed an antitrust suit against Elevance Health Inc. in New York federal court alleging the insurer is impeding their ability to compete for patients by threatening to financially penalize and terminate in-network facilities that work with them.

  • September 18, 2026

    Bungled Injury Settlement Cost Insurer $3.7M, NC Suit Says

    An insurer says a third-party claims administrator owes $3.7 million for an underlying personal injury settlement after the administrator allegedly failed to tender a settlement offer in time that would have been within the insured's policy limits.

  • September 18, 2026

    Hartford Unit Must Defend Tax Lien Cos. In 'Eviction' Case

    An Illinois federal judge said a Hartford unit must defend tax lien purchasing companies from class actions alleging the companies profited from an unconstitutional tax sale process, rejecting the insurer's arguments that the underlying property owners did not allege they were wrongfully evicted.

  • September 18, 2026

    Disease Exclusion Doesn't Apply To Listeria Injury Claims

    A Nationwide unit cannot rely on a communicable disease exclusion to avoid covering a meat producer in underlying actions over alleged exposure to listeria-contaminated food, an Oregon federal court ruled, saying the exclusion is susceptible to more than one interpretation.

  • September 18, 2026

    Taxation With Representation: Davis Polk, Latham, Sullivan

    In this week's Taxation With Representation, a group backed by Michael Dell's family office and Sequence Holdings acquires a majority interest in The Baldwin Group, May Mobility merges with a blank check company, and Infineon Technologies sells its memory chip business to Winbond Electronics.

  • September 18, 2026

    Berkshire Unit Says Coverage Barred For Worker's Death

    A Berkshire Hathaway insurance unit asked a Connecticut federal judge to declare it has no duty to defend a masonry contractor accused of safety failings in a state court suit over a worker's death, saying an exclusion bars coverage for injuries to employees.

  • September 18, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Victoria's Secret and Thomas Pink file competing IP claims, more than 1,000 retail consumers launch a group action against Binance, Baker Hughes targeted in a commercial claim by its former Russian subsidiary and university students hit four British institutions with breach of contract claims over pandemic-era closures.

  • September 17, 2026

    Nationwide Says Hyperbaric Chamber Death Not Covered

    Nationwide Insurance told a Michigan federal judge that it has no obligation to defend or cover the Oxford Hyperbaric Oxygen Therapy Center and its staff after a 5-year-old boy died there during hyperbaric oxygen therapy, and it urged the court to grant summary judgment relieving it of any duty to defend the policyholders or cover financial liability in the underlying lawsuit.

  • September 17, 2026

    Insurer Off The Hook For $5M E-Cig Wholesaler Fire Coverage

    An Illinois federal judge handed a complete win to an insurer on its counterclaim that an electronic cigarette product wholesaler isn't owed nearly $5 million in coverage for a warehouse fire because it misrepresented important facts about its business when seeking coverage.

  • September 17, 2026

    Samsung Range Caused Wash. House Fire, Insurer Says

    An insurer said it is entitled to recoup costs paid in connection with a Washington policyholder's house fire because the blaze was caused by a defective electric range manufactured by Samsung, according to a suit removed to federal court.

  • September 17, 2026

    Ill. Judge Won't Say Insurer Must Cover Fatal Crash Deal

    An Illinois federal judge on Wednesday refused to declare that an insurer must indemnify a trucking company in a settlement over a fatal crash, saying additional information is needed to resolve questions about whether the at-fault driver was an employee of the insured trucking company.

  • September 16, 2026

    Express Scripts Seeks To Exit AIDS Group's Drug Rate Suit

    Express Scripts called on a Washington federal judge to toss a lawsuit accusing it of using its market power to bully the AIDS Healthcare Foundation into accepting lower reimbursement rates for life-saving drugs, contending Tuesday that the case rehashes allegations a Missouri federal court has already rejected twice.

Expert Analysis

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Insurer Spoliation Ruling Flags Continuing Duty To Preserve

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    An Illinois federal court’s recent decision to impose spoliation sanctions on the insurer in H.D. Smith v. Cincinnati Insurance provides practical guidance for navigating long-tail coverage litigation, underscoring the importance of evaluating preservation obligations in light of the full life cycle of a dispute, say attorneys at Morgan Lewis.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • When And How To Use 4 Types Of Cross-Exam Questions

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    Perceptions of a great cross-examination are often shaped by aggressive courtroom exchanges, but to be truly effective, this stage of trial requires strategically selecting confirmation, confinement, contrast or confrontation questions at key moments, says Allison Rocker at Baker McKenzie.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Discovery Into Insurers' AI Use Should Stay Proportional

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    As insurers increasingly use artificial intelligence to make claim decisions, plaintiffs in first-party coverage litigation should seek discovery that tracks how materially the automated system influenced the challenged decision, not whether the insurer used AI somewhere in its operations, says attorney Joe Zaid.

  • Mitigating The Risk Of Antiestablishment Jurors

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    The legal battles currently embroiling social media companies underscore that jurors with anti-corporate bias and conspiratorial thinking patterns pose myriad risks to corporate defendants, and defense counsel should adapt their trial strategies accordingly, say consultants at Persuasion Strategies.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • Calif. Ruling Limits Strict Liability In Lateral Support Cases

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    A recent California appellate ruling in Quinn v. Coulton makes clear that property owners pursuing lateral support claims without excavation should prepare to prove negligence rather than rely on strict liability, reshaping how neighboring land disputes are pled and defended, says attorney Paul Weinberg.

  • Reel Justice: 'Disclosure Day' Teaches Attys To Listen

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    The underlying message in “Disclosure Day” suggests that communication often breaks down because of a failure to hear and understand, highlighting why a lawyer's ability to listen is not ancillary to their practice — it is what makes effective representation and justice possible, says Veronica Finkelstein at Widener-Delaware Law.

  • How Copa América Reshaped Crowd Security Risk Planning

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    Two years after crowds overwhelmed security at the Copa América Final in Florida, the host stadium's updated practices demonstrate a reassessment of the standard of reasonable care for large events, illustrating broader principles that attorneys, venue operators, municipalities, insurers and security professionals should consider, says Joshua Padron at Padron & Lopez-Trigo.

  • 3 Ways Policyholders Can Challenge AI Claims Handling

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    As artificial intelligence tools become increasingly embedded in insurance claims handling, policyholders in coverage litigation should seek discovery of AI training data as payout-optimizing software may bolster bad faith claims and insurers' AI-use parameters may run afoul of good faith precedent, say attorneys at Cohen Ziffer.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

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