Insurance

  • October 02, 2026

    Pa. Justices Reject Federal Limits On Agency Deference

    Pennsylvania courts do not have to follow federal precedents that limit deference to a state agency's interpretation of unclear regulations, with a majority of the state's highest court finding Thursday that an agency interpretation can be one of multiple factors for analyzing an ambiguous regulation.

  • October 02, 2026

    Texas Justices Agree To Hear BNSF, Zurich Asbestos Suit

    The Texas Supreme Court Friday agreed to take up Zurich American Insurance Co.'s challenge to a finding that it must continue to pay for the defense of BNSF Railway against hundreds of asbestos exposure suits.

  • October 02, 2026

    AIG Insurers Cleared In Del. To Appeal $50M Clawback Ruling

    A Delaware Superior Court judge on Friday certified for immediate appeal his August ruling blocking two AIG insurers from clawing back $50 million they contributed to settle New York University's Hurricane Sandy lawsuit against Turner Construction, finding the unusual insurance dispute warrants early review by the Delaware Supreme Court.

  • October 02, 2026

    Bell Sports, AIG Unit Settle Helmet Defect Coverage Dispute

    A motorcycle helmet company and an AIG-affiliated insurance company have resolved a lawsuit filed in California federal court over coverage stemming from claims of defects that allegedly caused a helmet to fly off a rider's head during a collision, according to court documents.

  • October 02, 2026

    Judge OKs Provider Not Telling Clients Of Deal End, For Now

    A Colorado state judge granted Friday a home personal care services company's bid to delay notifying clients of a state regulatory agency's decision to terminate its provider agreement amid an upcoming administrative appeal hearing, citing a potential care gap for the providers' clients — all of them insured by Medicaid.

  • October 02, 2026

    Advisory Co. Says Ex-Worker Stole Client Data Via AI Notes

    A former employee of a compensation, benefits and business risk advisory firm used an unapproved artificial intelligence note-taking app to record confidential client meetings before leaving for a competitor and taking company trade secrets with her, the company said in a complaint filed in Colorado federal court.

  • October 02, 2026

    4 Mass. Rulings You May Have Missed In September

    Massachusetts judges last month rejected a cannabis company's legal malpractice case, chastised an insurance brokerage over long-delayed discovery, and found that an insurance company had lowballed the owners of a multimillion-dollar Berkshires home after a fire.

  • October 02, 2026

    Erie Exchange Atty Seeks State Court Refile After ID Flub

    The lawyer representing Erie Insurance Exchange in a suit that seeks to avoid covering the parents of a mass shooter has admitted to a North Carolina federal court that he mistakenly misidentified the company's residency and explained that the case should instead be filed in state court for a lack of federal jurisdiction.

  • October 02, 2026

    Macy's Worker Ends Suit Over Voluntary Benefit Fees

    A worker has ended his suit claiming Macy's let insurance brokers of supplemental health benefits overcharge employees in commission fees, costing them millions of dollars, according to a New York federal court filing.

  • October 02, 2026

    Del. Justices Back Dismissal Of Gemini's Bausch & Lomb Suit

    The Delaware Supreme Court has upheld the dismissal of Gemini Insurance Co.'s request to block Bausch & Lomb Americas Inc. from pursuing an insurance coverage fight in Louisiana, ruling that Gemini waived its argument that the case should have been transferable to Delaware Superior Court.

  • October 02, 2026

    Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

    Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

  • October 02, 2026

    Century Surety Escapes Vape Battery Injury Coverage Suit

    An Alabama federal judge said Century Surety Co. has no duty to indemnify or defend a smoke shop being sued by a customer burned by a vape pen battery that caught fire in his pocket because the incident didn't take place at one of the retailer's locations.

  • October 02, 2026

    Expert Clash Blocks $10M Hail Coverage Row Pretrial Win

    A Tennessee federal judge Friday rejected a cardboard manufacturer's successive requests for a pretrial win in its hailstorm damage coverage dispute with its insurer, finding the "hotly" contested facts at issue cannot be resolved by the court.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 02, 2026

    4 Argument Sessions Benefits Attys Should Watch In October

    Former Intel workers' bid to convince the U.S. Supreme Court to revive their suit alleging shoddy retirement plan investments tops the list of oral arguments slated for October that benefits attorneys may want to keep an eye on. Here's a look at that case and three others teed up for argument this month.

  • October 01, 2026

    Home Health Co. Seeks Pause Of Colo. Agency's Backout

    A Colorado home personal care services company exclusively serving those insured by Medicaid urged a state judge Thursday to pause a Colorado regulatory agency's decision to terminate its provider agreement, contending any transition of clients to other providers should come after an administrative court hearing later this month.

  • October 01, 2026

    Hospital Can't Privately Contact Ex-Docs, Wash. Justices Rule

    Washington's Supreme Court split 6-3 Thursday in ruling that Virginia Mason Medical Center improperly engaged in private communications with a malpractice plaintiff's treating doctors by failing to go through formal discovery or establish the patient's knowledge or consent.

  • October 01, 2026

    NFL Concussion Claims Constitute Separate Occurrences

    A New York appeals court held Thursday that concussion-related injury claims brought by former professional football players should be treated as separate occurrences under the NFL's insurance policies, thus implicating coverage under a primary policy but not a fifth-layer excess policy.

  • October 01, 2026

    Construction Co. Says Insurance Broker Misled On Coverage

    A Connecticut construction company said an insurance brokerage neglected its responsibility to secure a policy and then later misrepresented why the construction company wouldn't receive coverage for a worker's personal injury suit.

  • October 01, 2026

    FBT Gibbons Beats DQ Bid In Suit Over Cigna Payments

    A New Jersey state court judge has rejected a plastic surgery practice's bid to disqualify FBT Gibbons LLP from representing Cigna and a group of employer-sponsored health plans in its suit over the insurer's alleged underpayments, finding the bid appears more of an effort to gain an advantage rather than one to protect the interests of any client.

  • October 01, 2026

    Ambiguous Bond Terms Net FDIC Win In SVB Coverage Fight

    Two insurers must provide coverage to the Federal Deposit Insurance Corp., as receiver for Silicon Valley Bank, for the bank's claim for losses from a $73 million fraud scheme, a North Carolina federal judge ruled, finding ambiguity in bond contract language tipped the scales in the insured's favor.

  • October 01, 2026

    Trump Announces Judicial Noms For 5th Circ., NC

    President Donald Trump announced Thursday that he's nominating Todd Butler, a managing partner at Phelps Dunbar LLP, to serve as a judge on the Fifth Circuit. 

  • September 30, 2026

    Aetna Escapes Zelis Repricing Tool Antitrust Case

    A Massachusetts federal judge granted Aetna's bid Wednesday to dismiss claims against it in consolidated antitrust litigation accusing insurance companies of using Zelis Healthcare's repricing tools to reduce reimbursements paid to healthcare providers, finding an amended complaint failed to plausibly allege that Aetna used the tools.

  • September 30, 2026

    Benefits Firm Can't Knock Out Data Breach Suit

    A Georgia federal court on Wednesday narrowed, but refused to dismiss, a proposed class action accusing a human resources services firm of failing to safeguard customer information ahead of a 2024 data breach.

  • September 30, 2026

    NTSB Must Turn Over Cockpit Recording Of Fatal Conn. Crash

    A Connecticut state court ordered the National Transportation Safety Board to turn over a two-hour-long cockpit voice recording from a Cessna jet that was involved in a crash that killed four people, saying the audio is necessary for the fair assessment of issues central to wrongful death and insurance suits.

Expert Analysis

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • House Truck Weight Bill Could Raise Stakes In Crash Suits

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    A bill pending in the U.S. House of Representatives could allow participating states to run six-axle trucks at 91,000 pounds instead of 80,000, likely resulting in more catastrophic injury claims with higher damages and further taxing an already strained insurance coverage system, says attorney Angel Reyes.

  • Deposit Contracts Do Heavy Lifting As Fraud Moves Upstream

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    As courts increasingly find that upstream parties are best positioned to detect red flags in fraud disputes, most recently in Yangtze v. Ohio Valley Trackwork, companies should tighten treasury and deposit agreement verification protocols, indemnity terms, and insurance coordination to reduce exposure, says Nadine Dorsht at Stinson.

  • NJ Supreme Court Ruling Exposes D&O Gaps For PE Boards

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    The New Jersey Supreme Court's recent decision in Mist Pharmaceuticals v. Berkley Insurance, barring directors and officers coverage, serves as a cautionary tale for private equity executives serving in overlapping roles at sponsor and portfolio companies, say attorneys at Reed Smith.

  • Calif. Wiretap Ruling May Reshape Pixel Tracking Litigation

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    The recent dismissal of a proposed class action accusing Blue Shield of California of violating the federal Wiretap Act highlights the gap between legacy wiretap laws and modern browser architecture, and the tendency of pixel tracking complaints to oversimplify or mischaracterize how browsers work, says Phil Richards at ThreatHandle Consulting.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Mass. UHC Fraud Suit Signals States' Medicaid FCA Push

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    Massachusetts' recently filed False Claims Act suit alleging UnitedHealthcare misrepresented the health status of enrollees in a Medicaid senior care organization plan it managed pushes forward a new phase of state-level scrutiny of managed care data and Medicaid payment mechanisms, say Li Yu at Bernstein Litowitz, Ellen London at London & Naor and Gwendolyn Stamper at Vogel Slade.

  • The Growing Antitrust Risks Of AI Pricing For Health Insurers

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    Attorneys at Patterson Belknap provide an overview of the increased risk of antitrust enforcement for health insurance companies using algorithmic price models, including in the form of multidistrict private litigation, new state and federal bills, and potential federal enforcement.

  • FDA Draft Guidance Maps Payor Strategy For Psychedelics

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    Recently revised guidance from the U.S. Food and Drug Administration will operationalize a framework permitting drug developers to share product information with insurance companies, giving psychedelic therapeutics developers a road map for building a successful payor infrastructure before approval, says Kimberly Chew at Husch Blackwell.

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