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Insurance
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August 19, 2025
Credit Union Seeks Coverage For ITM Hack, Fraud Schemes
An insurer owes nearly $715,000 for two separate losses a credit union incurred after a crime ring hacked a number of its interactive teller machines and a counterfeit check fraud scheme affected multiple account holders, the credit union said in a lawsuit removed to Delaware federal court.
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August 19, 2025
Title Insurer Says No Fiduciary Duty Owed To Board Members
A Connecticut-based title insurance company and its subsidiary have argued in a court filing that a former board member lacks standing under Delaware and Florida law to assert fiduciary duty claims against fellow directors, the companies and their in-house counsel.
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August 18, 2025
Insurers Avoid Defending Ericsson In Terrorist Payment Suits
Units of Travelers and Chubb have no duty to defend Swedish telecommunications company Ericsson Inc. over claims it paid protection money to foreign terrorist organizations so its projects and other business interests wouldn't be attacked, a Texas federal court ruled Monday.
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August 18, 2025
NJ Law Firm Not Covered In Malpractice Suit, Court Says
An insurer has no duty to defend or indemnify a Princeton law firm against a malpractice suit alleging that one of its attorneys assisted a client in misappropriating her husband's assets, a New Jersey federal court ruled Monday, finding that a prior knowledge exclusion bars coverage.
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August 18, 2025
Del. Justices Reject CVS Bid For Opioid Claim Insurance
CVS Corp. lost its bid on Monday for Delaware Supreme Court reversal of a lower court ruling rejecting the healthcare giant's argument that insurers should cover government, hospital and third-party payer claims for economic losses related to the company's opioid dispensing practices.
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August 18, 2025
Insurer, Kennel Settle Coverage Dispute Over Nuisance Claims
A Hanover unit and a dog kennel have resolved a dispute over coverage for an underlying suit alleging that the kennel's expansion interfered with a Golden State community's rights of possession, according to a California federal court filing.
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August 18, 2025
Infosys Can't Ax Trade Secrets Suit Over Healthcare Software
Cognizant TriZetto Software Group Inc.'s trade secret and breach of contract claims against competitor Infosys Ltd. were filed in a timely fashion and are detailed enough to move forward, a Texas federal judge has found.
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August 18, 2025
Goldberg Segalla Adds Employment, Insurance Attys In NYC
Goldberg Segalla LLP announced Monday that it has grown its employment and insurance services in New York with the recent addition of two attorneys who moved their practices from Gordon Rees Scully Mansukhani LLP and Clyde & Co. LLP.
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August 18, 2025
Progressive Must Cover $6M Title Insurer Judgment, Mall Says
Progressive must cover a more than $6 million judgment against a title insurance agency that Progressive insured, the owner of a New Jersey shopping center told a Pennsylvania state court, arguing that Progressive-appointed counsel rejected prior settlement opportunities in bad faith.
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August 18, 2025
Travelers Unit Doesn't Owe Coverage For Mich. Building Fire
A Travelers unit does not owe coverage for a 2023 building fire, a Michigan federal court ruled, finding that the property owner failed to install and maintain an automatic fire alarm system as required by the policy.
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August 15, 2025
Defense Attys Predict Rise In Shareholder Suits, Report Says
Nearly three-quarters of defense attorneys surveyed by high-risk insurance firm Inigo believe there will be an increase in private securities litigation over the next year, especially in the area of artificial intelligence, according to a report released by Inigo.
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August 15, 2025
Auto Shop Says Insurer Hasn't Paid $4.9M In Cyber Coverage
An auto repair company accused its cyber insurer in Illinois state court of withholding roughly $4.9 million in coverage over a "cyber event" in bad faith, adding it took nearly two years to receive coverage for "undisputed portions" of its total loss, with some portions still outstanding.
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August 15, 2025
Technology Co. Says Zurich Must Defend Shareholder Suit
A technology company behind a brain fitness app told a Delaware federal court Friday that a Zurich unit must defend it in an underlying shareholder suit accusing the company and its directors of misappropriating funds, misleading investors and violating corporate obligations.
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August 15, 2025
Smoke Shop Tells Panel It's Owed Defense Over Fatal Crash
A North Carolina smoke shop urged a state appeals court to find that its insurer must defend it in a lawsuit alleging that an individual who consumed nitrous oxide products from the shop caused a fatal auto collision, noting it has already disputed underlying allegations of negligence.
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August 15, 2025
Funeral Directors Can Go Forward With Life Insurance Suit
Montana funeral home directors may proceed with their suit claiming they were led down a path of financial ruin when they were advised to place their savings into premium-financed life insurance policies, a federal court ruled.
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August 15, 2025
Excess Insurer Blames Primary For Costly Auto Collision Deal
An excess insurer told a California federal court that the primary insurer of a construction company failed to reach a lesser settlement amount in a suit alleging the company's owner was responsible for a car collision.
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August 15, 2025
New Jersey AG Slams Power Broker's 'Flawed' Appeal Brief
South Jersey power broker George Norcross used a flawed argument in pushing back against New Jersey's effort to revive a dismissed criminal case against him, Attorney General Matthew Platkin has argued in a reply brief filed in state appellate court.
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August 15, 2025
Insurer Says Towing Co. Not Covered In Car Hood Injury Suit
Prime Property and Casualty Insurance Inc. is suing a towing company in Florida federal court, saying it has no obligation to continue defending it in an injury suit stemming from injuries to a woman after one of the company's drivers helped jumpstart her car.
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August 15, 2025
Taxation With Representation: Wachtell, Cooley, Sullivan
In this week's Taxation With Representation, the NBA signs off on the sale of the Boston Celtics, Gildan Activewear acquires HanesBrands, private equity shop Advent International buys insurance software firm Sapiens, and financial software provider MeridianLink goes private via its acquisition by Centerbridge Partners.
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August 15, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Transport for London hit with a procurement claim by the operator of Oyster card, while Mastercard and Visa face claims from the Rocco Forte Hotel Group, and Liverpool Football Club lobbed a claim against a security company.
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August 14, 2025
Cadwalader Corporate Head Exits To McDermott After 40 Years
Ira Schacter, a senior partner at Cadwalader Wickersham & Taft LLP, is leaving the firm after 40 years to lead a new section of newly merged McDermott Will & Schulte's transactions practice that will counsel clients where private equity, insurance and financial services matters meet, McDermott confirmed Thursday.
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August 14, 2025
State Farm Found Liable For Bad Faith In Moped Death Suit
A Florida federal judge has found State Farm liable for bad faith following a jury trial in a lawsuit involving the DUI-related death of a moped driver, whose family accused the insurer of failing to timely settle their claim against the estate of the driver accused of causing the fatal crash.
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August 14, 2025
NC Mortgage Lender Seeks Coverage For Fraud Claims
A mortgage lender said it is owed $540,000 from a title insurer after a borrower filed a complaint with the North Carolina Department of Justice about fraudulent activity related to his loan, telling a federal court the insurer shirked its obligations under the policy and related coverage documents.
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August 14, 2025
Dental Clinic Privacy Breach Claims Not Covered, Insurer Says
A dental practice's insurer told an Illinois federal court it should owe no coverage in an underlying proposed class action accusing the practice of transmitting patients' sensitive personal information to Alphabet Inc. via the business's online scheduling platform, arguing an exclusion concerning "personal information" applies.
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August 14, 2025
Truck Insurer Wants Out Of AWOL Client's Crash Suit Defense
A commercial auto insurance company asked a Georgia federal judge to declare it has no duty to defend a trucking company in a hit-and-run suit, telling the court it's been "ethically obligated to withdraw" its attorneys from defending the company in the underlying case.
Expert Analysis
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How Calif., NY Could Fill Consumer Finance Regulatory Void
California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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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.