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Insurance
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April 07, 2025
Reinsurer Seeks Arbitration In Bermuda In Legionnaires' Row
A Michigan healthcare system's captive insurer turned to an improper venue to litigate coverage issues with its reinsurer over underlying Legionnaires' disease claims, the reinsurer told a Michigan federal court, saying the captive insurer's coverage claims must be sent to arbitration in Bermuda.
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April 07, 2025
Ex-Texas State Judge Joins Cozen O'Connor Insurance Team
Cozen O'Connor announced Monday that a former Texas state judge with nearly four decades of legal experience has joined the firm's Houston office as a global insurance member from Germer PLLC.
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April 07, 2025
Conn. High Court Snapshot: Atty's 'Double' ID Theft Damages
When it convenes for its next term, Connecticut's highest court will weigh whether an attorney whose identity was stolen can skirt a panel's ruling that he is not entitled to a "double recovery" of damages, and it will consider an insurance agent's responsibilities when a policyholder's coverage is canceled.
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April 04, 2025
Insurer's Policy Won't Cover General Contractor In Injury Suit
An Illinois federal judge has permanently tossed a construction company's bid for insurance coverage on an underlying injury suit under one of its subcontractor's policies, saying the injury suit doesn't include the kind of claim that would have triggered coverage.
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April 04, 2025
Pipe Cos. Settle $3M Cargo Damage Dispute With Insurer
A steel pipe importer and a distributor reached a settlement with an insurer in a $3 million dispute over cargo lost and damaged in transit from South Korea, according to a notice filed in a California federal court.
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April 04, 2025
Texas Justices Deny UnitedHealthcare, Humana Records Row
The Texas Supreme Court declined Friday to take up a dispute between United HealthCare Services Inc. and Humana Insurance Co. over whether UnitedHealthcare should have to turn over Medicare documents connected to a state retirement plan.
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April 04, 2025
Liberty Mutual Must Cover Trafficking Suits, Red Roof Says
Red Roof Inn is entitled to a defense from Liberty Mutual for 11 underlying suits involving alleged human trafficking at various hotel locations, the company told an Ohio federal court Friday, saying the insurer has reneged on its agreement to provide coverage.
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April 04, 2025
Insurers Accuse SoCalEdison Of Sparking Eaton Fire
Ten carriers blamed Southern California Edison for costing the insurance industry billions after negligently starting the January Eaton Fire, telling a California state court that the blaze was caused by a poorly maintained transmission tower whose wires arced, igniting vegetation.
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April 03, 2025
Texas Appeals Court Reverses Exxon's $25M Insurance Win
A Texas state appeals court reversed a $25 million judgment for Exxon Mobil on Thursday, finding that because of a policy exclusion, the company's excess insurer did not have to cover it in connection with a $35 million settlement following a deadly 2013 explosion at one of its facilities.
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April 03, 2025
AI Dominated Venture Funding In Q1 As Broader Market Lags
Artificial intelligence investment again dominated venture capital activity in the first quarter, mostly driven by a few mammoth deals, according to data released Thursday, while experts say the broader outlook for non-AI firms remains subdued amid market skittishness.
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April 03, 2025
$2M Limits Off Table In Construction Defect Row, Insurer Says
An insurer for a waterproofing consultant and architecture firm said its policy's $2 million aggregate limit does not apply to a condo association's underlying construction defect claims, telling a Florida federal court that the claims count as a single occurrence subject to a $1 million limit.
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April 03, 2025
NC Panel Scraps Subrogation Suit Over Misidentified Plaintiff
An insurer for a Hardee's restaurant can't revive its subrogation suit over a 2019 fire after it accidentally misnamed itself in the complaint, the North Carolina Court of Appeals has ruled, finding the incorrectly identified plaintiff lacked standing to sue, and the complaint was a "nullity."
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April 03, 2025
Insurer Says It Has No Duty To Defend Mich. City In Tax Fight
Insurance company Argonaut said in a federal court complaint Wednesday that it shouldn't have to pay to defend Ann Arbor, Michigan, in a lawsuit alleging that the city's decades-old stormwater drainage charges are an unlawful tax, pointing to the public official liability and financial loss exclusions in the city's policy.
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April 03, 2025
Law Firm Says Insurer Shorted On Defense Of Blackmail Suit
A law firm accused by a Florida state judge of causing her emotional distress via blackmail is suing its insurer, alleging the insurer underpaid the firm's defense counsel by nearly $600,000 in connection with the settled underlying lawsuit she filed.
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April 03, 2025
7th Circ. Agrees Insurer Must Cover Chicago's $3.75M Atty Fees
The Seventh Circuit has affirmed a lower court's finding that StarStone Insurance must foot the bill for $3.75 million in attorney fees to the city of Chicago from a civil rights lawsuit that settled for nearly $19 million, rejecting the insurer's argument that its policy with the city only covers damages.
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April 02, 2025
Insurer Cites Exclusion To Avoid Covering Co.'s Silica Suits
An insurance company has sued in California federal court to avoid covering any legal fees or potential settlements a Georgia-based countertop manufacturer might face from the more than 100 lawsuits filed by workers who claim to have suffered lung scarring and cancer due to exposure to dust.
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April 02, 2025
Insurer Says $9M OpenText Merger Settlement Not Covered
An insurer said it is not obligated to contribute to a $9 million settlement in a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, telling a Michigan federal court that the settlement does not constitute a covered loss.
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April 02, 2025
Potbelly Says Insurer Must Cover Wage Transparency Suit
Sandwich chain owner Potbelly Inc. told a Washington state court that its insurer wrongly refused to cover it in a proposed underlying class action alleging the business violated Washington's wage transparency law by failing to disclose pay and benefit information to job applicants.
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April 02, 2025
Shooting Victim Can't Get $1M Under Policy, Berkshire Says
A man shot during an armed robbery at a convenience store isn't owed the full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner, a Berkshire Hathaway unit said Wednesday, arguing that the man doesn't qualify as an insured.
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April 02, 2025
Fla. High Court Told Condo's Irma Claim Redo Lacked Key Info
An insurance company told the Florida Supreme Court on Wednesday that a Miami condominium's reopened claim for damage caused by Hurricane Irma wasn't sufficient to trigger a supplemental claim, arguing that state law required additional information regarding the initial loss.
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April 02, 2025
No-Fault Tolling Not Retroactive, Mich. Justices Say
The Michigan Supreme Court ruled Tuesday that an element of no-fault reforms pausing the one-year rule for recovery of personal injury protection benefits until an insurer formally issues a denial is not retroactive, finding the Legislature didn't clearly add retroactive language and that applying the provision to preamendment claims would impose new obligations on insurers.
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April 02, 2025
Mo. Court Finds Ambiguity Could Permit Virus Coverage
A vacation rental company may be entitled to coverage for pandemic-related losses from one insurer, a Missouri intermediate appellate court held, finding that an exception conflicting with an exclusion created ambiguity in favor of the insured, while upholding no-coverage rulings pertaining to other insurers.
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April 02, 2025
Baltimore Diocese Abuse Claimants Sue Over Immunity Bid
Childhood sex abuse claimants are suing the bankrupt Archdiocese of Baltimore in a bid to stop the Catholic organization from using a charitable immunity defense to avoid paying claims that aren't covered by the debtor's insurance, urging a Maryland federal judge to declare that the defense isn't available in the bankruptcy case.
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April 02, 2025
Insurer Gets Education Co.'s $2.2M Theft Coverage Bid Tossed
A Maryland federal court tossed an education management company's suit seeking excess coverage for over $2.2 million in employee embezzlement losses, saying the company failed to show its loss occurred during the relevant policy period.
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April 01, 2025
5th Circ. Judge Questions IRS Denial Of Insurance Deductions
A Fifth Circuit judge pushed back Tuesday on the Internal Revenue Service's rejection of expense deductions for two physician-led micro-captive insurance companies, saying that the businesses seemed to serve a legitimate purpose while acknowledging that doctors are "notoriously inept" businessmen.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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4 Property Insurance Action Steps For LA Policyholders
Property insurance will play a vital role in rebuilding the areas affected by the Los Angeles wildfires, and policyholders should be aware of key aspects of that coverage in order to maximize their insurance recovery, say attorneys at Cohen Ziffer.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.