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Insurance
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April 30, 2025
Allstate Settles Law Firm's Wrecked Car Fee Coverage Suit
A settlement has been reached in a Georgia law firm's proposed class action against Allstate Insurance Co. over allegations that it failed to pay title transfer fees and license registration fees to insured people who incurred total loss claims.
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April 29, 2025
5th Circ. Hints Exclusivity Could End Tata's $168M Woe
A Fifth Circuit panel asked whether Tata Consultancy Services had taken trade secrets to solely build a product for a specific customer, questioning Tuesday whether to keep intact a $168 million judgment finding Tata stole an IT company's technology concerning source code and life insurance software documentation.
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April 29, 2025
HR Co. Execs Say Insurance Biz Can't Sue Companies It Owns
Executives of a human resources management and staffing company urged a Florida federal court to toss a lawsuit brought by its workers' compensation insurance manager alleging it's owed $25 million over a dissipated collateral fund, saying the litigation is "collusive" because the parent company controls the entities it's suing.
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April 29, 2025
After High Court Reversal, 4th Circ. OKs Asbestos Ch. 11 Plan
The Fourth Circuit upheld on Tuesday the Chapter 11 bankruptcy plan for Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc., which have faced a raft of asbestos injury claims, agreeing with lower courts that the plan was reached in good faith despite one insurer's objections.
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April 29, 2025
Insurers Say 9th Circ. Extended Tribal Jurisdiction Too Far
A group of insurers again urged the U.S. Supreme Court to review a Ninth Circuit decision ordering them to litigate COVID-19 coverage claims in Suquamish Tribal Court, saying Tuesday that the lower court's conception of tribal sovereignty is so broad that even the tribe is unwilling to defend it.
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April 29, 2025
Condo Assoc., Insurer End Nashville Bombing Coverage Row
Aspen Specialty Insurance Co. and a Nashville condominium association have agreed to end their dispute over coverage for nearly $11 million in damages caused by the 2020 Christmas Day bombing in the city, ending their battle with a joint stipulation of dismissal filed in Tennessee federal court.
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April 29, 2025
Highmark Must Face Bulk Of Data Breach Lawsuit
A group of individuals who said their personal information was compromised in a phishing attack against health insurer Highmark can largely proceed with their proposed class action against the company, a Pennsylvania federal court ruled, finding the plaintiffs sufficiently alleged they'll suffer imminent and concrete injuries, thereby establishing standing.
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April 29, 2025
US Seeks To Toss Case Against IRS Microcaptive Rules
A global tax services provider cannot sue the IRS to vacate tax reporting rules for microcaptive insurance companies, the U.S. told a Texas federal court, arguing that the provider, as a consultant to clients using the insurers, wouldn't actually be hurt by the rules.
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April 29, 2025
2 Insurance Firms Join Frozen IPO Pipeline Seeking $440M
Two insurance companies joined the roster of candidates for initial public offerings on Tuesday by launching plans to raise about $440 million combined under guidance from six law firms, potentially unlocking a stalled pipeline.
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April 29, 2025
Retirees Fight Lockheed's Quick Appeal Push In Annuity Suit
Lockheed Martin retirees urged a Maryland federal judge not to allow the company to immediately challenge a ruling that kept alive their suit claiming Lockheed illegally pushed workers' pensions into risky annuities, arguing an appeal would be premature even though a similar case was recently tossed out.
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April 29, 2025
Insurer Denies Extra $5M For Event Co.'s Injury Dispute
An insurer for a motocross event organizer doesn't owe an additional $5 million in coverage on top of the $1 million it already paid to settle a suit over a child's injury at an amateur national motocross championship event, the carrier told an Ohio federal court.
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April 28, 2025
Insurer Fights Arbitration Of Legionnaires' Claims Suit
A Michigan healthcare system's insurer is fighting efforts to send its coverage lawsuit over underlying Legionnaires' disease claims to arbitration in Bermuda, arguing that the dispute does not fall within an underlying arbitration clause.
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April 28, 2025
Century Surety Seeks Exit From Vape Battery Lawsuit
Insurance provider Century Surety Co. says it shouldn't be on the hook for the legal defense of a smoke shop being sued by a customer who was burned when a vape pen battery caught fire in his pocket, arguing that one defendant isn't actually covered under the larger policy and the incident did not take place at one of the insured's retail locations.
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April 28, 2025
Imerys Halts Ch. 11 Trial Over Foreign Claimant Issues
Bankrupt talc suppliers Imerys Talc America and Cyprus Mines Corp. and parties supporting their Chapter 11 plan to deal with asbestos injury claims unexpectedly announced Monday they wanted to halt the plan confirmation proceedings, following more than four days of evidence, citing issues surrounding the treatment of foreign claims against the debtors.
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April 28, 2025
FAIR Plan Failed To Pay For LA Fire Smoke Claims, Suit Says
Another group of California homeowners has accused the state's insurer of last resort of illegally denying and underpaying claims for smoke damage following the Los Angeles wildfires despite its obligation to cover all fire-related damage under California law, according to a lawsuit filed in state court.
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April 28, 2025
Geico's Failure To Settle Caused $2.8M Judgment, Suit Says
A court-appointed receiver for an at-fault driver has told a North Carolina federal court that Geico should be on the hook for a more than $2.8 million consent judgment against the driver stemming from an August 2020 crash, saying the insurer failed to settle underlying injury claims for the driver's $100,000 limit.
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April 28, 2025
Syracuse Diocese Strikes $61M In Deals With Insurers
The Roman Catholic Diocese of Syracuse informed a New York bankruptcy judge that it has reached nearly $61 million in settlements with its insurance carriers to fund a trust for child sexual abuse claims in the diocese's Chapter 11 plan.
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April 28, 2025
Estate Sues Insurer Over 'Paltry' Offer In DUI Death Case
The estate of a motorcyclist killed by a driver allegedly overserved at a Washington bar has sued to force the bar's specialty insurance company to cover a partial settlement in an underlying wrongful death suit.
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April 28, 2025
8th Circ. Told Insurer Must Keep Defending Fatal Crash Suit
A logistics company facing wrongful death claims told the Eighth Circuit its insurer must pay to defend it because it was insured under a trucking company's policy and there was no agreement that a $1 million payment by the insurer absolved the insurer of its duties.
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April 28, 2025
Insurance Agency Says Carrier Can't End Car Policy Program
An insurance agency that provides specialized policies for car rental companies asked a Pennsylvania federal court to halt an insurer's plan to abruptly cancel a program through which the agency writes the policies, saying the proposed termination would cause "major disruptions" to rental companies and their customers nationwide.
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April 28, 2025
Petrol Co. Says Carriers Must Defend Benzene Injury Suit
A petroleum services company told a New York state court that three of its marine insurers have failed to cover any defense costs incurred in a benzene injury lawsuit, even after it said the lead insurer agreed to defend it under a reservation of rights.
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April 28, 2025
GE, Haier Owe Nearly $3M For Motel Fire, Insurer Says
An insurer is seeking about $3 million from GE and Haier in connection to a Super 8 motel fire it claims was started by a faulty heating and cooling unit, according to a lawsuit removed to a Texas federal court.
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April 28, 2025
Conn. Insurer Dumped Agent For Raising Red Flags, Suit Says
A Connecticut insurance company terminated one of its agents in retaliation for his complaints about alleged illegal activity, including a concern that Allstate agents were using company log-in information "to pull Progressive quotes," according to a lawsuit in state court.
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April 25, 2025
US Seeks To Block Refund For Captive Insurance Penalties
A Pennsylvania federal court should reject a company's bid for an immediate penalty refund for operating what the IRS claimed is an abusive tax shelter through its microcaptive insurance program, the government argued Friday, saying the company is seeking protection in an unrelated U.S. Supreme Court ruling.
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April 25, 2025
$1.1M Hail Coverage Suit Against Travelers Is Time-Barred
An Oklahoma property owner cannot get revised coverage from two Travelers units for more than $1.1 million in claimed hail damage repairs, an Oklahoma federal court ruled, finding that after Travelers paid roughly $100,000 in coverage, the property owner filed its coverage action too late.
Expert Analysis
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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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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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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.