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Insurance
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September 24, 2025
9th Circ. Says Insurer's Removal Effort Was Reasonable
An insurer for a residential property owner had a reasonable basis to try to remove its coverage dispute over underlying shooting claims to Washington federal court, the Ninth Circuit ruled Wednesday, noting the owner even failed to identify the citizenship of all its members and partners.
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September 24, 2025
UnitedHealth Fights Investor Suit Over DOJ's Merger Probe
UnitedHealth and its executives have asked a Minnesota federal judge to toss a proposed securities class action accusing it of, among many things, not disclosing that the U.S. Department of Justice had reopened an antitrust investigation into the health insurer, saying the complaint consists of unsupported "scattershot allegations."
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September 24, 2025
Vehicle-Maker Says Ex-Worker Can't Bring Smoker-Fee Suit
International Motors LLC, formerly Navistar, is looking to end a proposed class action by a former employee who claims its $50-a-month health insurance fee for workers who use tobacco violates federal law, telling an Illinois federal court that the harm he suffered was caused by his own refusal to quit smoking or try the company's smoke-free program.
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September 24, 2025
Chubb Unit Says HVAC Co. Owes $2.5M For Conn. House Fire
An HVAC company is responsible for more than $2.5 million in damage caused by a Christmas Day fire at a Connecticut home, a Chubb unit told a federal court, saying the company's work on a humidifier caused the blaze.
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September 24, 2025
Helicopter Cos. Say Aetna 'Grasping At Straws' In $20M Fight
Three Aetna entities have "trumped up" their counterclaims against six air ambulance operators that are suing insurers for $20 million in Connecticut federal court, according to a dismissal motion that says the allegations of dirty dealing are preempted.
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September 24, 2025
Ill. Judge Sends $7.6M DOJ Deal Coverage Dispute To Virginia
A consulting firm must litigate its suit seeking coverage for a $7.6 million settlement with the U.S. Department of Justice in Virginia, where it is based, an Illinois federal court ruled, finding that Virginia is the more convenient forum and the better place to apply state law.
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September 24, 2025
Primary Carrier Failed To Settle Before $3M Verdict, Suit Says
A Berkshire Hathaway unit serving as primary insurer for a commercial property owner failed to adequately defend the owner in a worker injury lawsuit, exposing both the owner and its tenant to a $3 million jury verdict, an excess insurer told a Florida federal court.
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September 24, 2025
Pa. Insurance Co. Promotes Associate To General Counsel
Pennsylvania-based Patriot Growth Insurance Services has promoted one of its associate general counsels to serve as the company's top in-house attorney, in one of several recent elevations within its leadership team.
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September 23, 2025
Fla. Panel Upholds Verdict For Insurer In Bad Faith Dispute
A Florida state appeals court affirmed the verdict in favor of an insurance company in a widow's lawsuit alleging its conduct following her husband's death led to a $13.5 million excess judgment, saying a jury was given proper instructions.
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September 23, 2025
Mich. Panel Says Driver's Food Delivery Work Voids Coverage
A Progressive Insurance unit was entitled to rescind an auto policy it issued to a woman seeking coverage for an August 2021 accident since she falsely declared in her insurance application that she didn't work for a food delivery service, a Michigan state appeals court ruled.
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September 23, 2025
$6.6M IRS Civil Fraud Penalty Ruled Constitutional
A Pennsylvania federal judge upheld a $6.6 million civil fraud tax penalty against an insurance broker over its captive deductions, ruling Tuesday that the Internal Revenue Service's assessment of the penalty without a jury trial was constitutional.
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September 23, 2025
Insurer Can Seek Reimbursement For $1M PIP Payments
A Michigan appellate panel on Monday affirmed a $1 million judgment for Farmers Insurance Exchange, finding it had the right to pursue reimbursement from another insurer after paying no-fault personal protection insurance benefits to an injured driver through a state-run claims program.
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September 23, 2025
Insurer Needn't Cover $3.3M Securities Scam Settlements
An insurer for a securities broker-dealer does not owe coverage for $3.3 million the company paid to settle claims that an employee defrauded clients, a New York federal court ruled Tuesday, finding that the settlements are not a direct loss covered under the company's policy.
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September 23, 2025
No Early Out For NY Firm In Insurer's Malpractice Coverage Suit
A New York-based law firm cannot throw out an insurance company's lawsuit seeking to be let off the hook from covering the firm against a malpractice claim, a Philadelphia federal judge has found, determining that factual questions in the case meant early dismissal was not an option.
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September 23, 2025
Dentists Denied Class Certification In $13B Delta Dental Suit
An Illinois federal court refused to certify a class of dentists in multidistrict litigation targeting an alleged $13 billion antitrust scheme by Delta Dental and its members, finding that dental insurance markets are local, not national in scope.
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September 23, 2025
Law Firms Sued Over La. Hurricane Claim Fee Scheme
Two law firms and certain attorneys engaged in a scheme to "grossly and blatantly" inflate damages estimates for hurricane-related property insurance claims in order to "collect an exorbitant fee which they would all share," a group of seven Louisiana residents told a Louisiana federal court.
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September 23, 2025
Insurers Say Marine Cos. Owe $1.8M For Cargo Collapse
Marine engineering, logistics and surveying companies are on the hook for nearly $1.8 million after a government contractor's equipment was damaged during transit from Washington to Hawaii, insurers for the contractor told a Washington federal court.
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September 22, 2025
Homeowners Want Allstate Denied Exit In 'Dead' Expert Case
A couple is fighting to continue their homeowner water damage coverage claims in Texas federal court against Allstate, in a case brought by a Houston lawyer accused of presenting testimony from a dead expert witness in the case.
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September 22, 2025
Jury Must Decide Much Of Ida Coverage Row, Judge Says
Travelers Property Casualty Co. of America can't secure a pre-trial win over much of a seafood wholesaler's loss claims from Hurricane Ida, a Louisiana federal court ruled Monday, finding the insurer's reading of an "extended business income" provision in the wholesaler's property policy rendered it "functionally meaningless."
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September 22, 2025
Contractor's Insurers Owe $7M For Bridal Shop Fire, Suit Says
A bridal shop said a contractor's insurers must pay their combined $7 million policy limits toward a $38 million judgment in an underlying suit over a fire caused by the contractor's demolition work at another property, according to a complaint removed to New York federal court Monday.
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September 22, 2025
Credit Union, Insurers End Embezzlement Coverage Dispute
A credit union seeking coverage for $5.5 million in embezzled funds agreed to end a suit accusing its fidelity bond insurers of secretly amending policy language to avoid coverage for "virtually any catastrophic loss," according to a notice filed Monday in Georgia federal court.
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September 22, 2025
Porsche Crash Suit Isn't Double Recovery, Conn. Justices Told
A Porsche driver who suffered property damage losses after another man struck him wouldn't score a double recovery if allowed to challenge Nationwide, his own insurer, for separately pursuing the driver allegedly at fault, the Connecticut Supreme Court heard Monday.
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September 22, 2025
McDonald's, UK Insurer Entity To End $5.5M Coverage Fight
McDonald's and a London-based insurer entity formally asked an Illinois federal court to terminate their dispute over the fast-food chain's claim for more than $5.5 million in outstanding coverage for property damage stemming from a high-speed vehicle crash.
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September 22, 2025
Meteorologist's Widow Gets $126M In Wrongful Death Deal
The Total Traffic and Weather Network and its parent company will pay $126 million to settle a negligence case by the widow of a local meteorologist who died in a helicopter crash — $50 million of which its primary insurers must cover immediately, according to North Carolina state court filings.
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September 22, 2025
Chubb Unit Loses Atty DQ Bid Appeal In Coverage Row
A New Jersey appellate court on Monday affirmed a trial court order denying Chubb Insurance Co. of New Jersey's bid to disqualify plaintiff's counsel, solo personal injury attorney Eric Dinnocenzo, in an insurance coverage action involving an alleged $772,500 jewelry theft, saying the company failed to demonstrate the lawyer was a necessary trial witness.
Expert Analysis
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Opinion
Juries Are Key In Protecting The Rule Of Law
Absent from the recent discourse about U.S. rule of law is the crucial role of impartial jurors in protecting the equitable administration of justice, and attorneys and judges should take affirmative steps to reverse the yearslong decline of jury trials at this critical moment, says consultant Clint Townson.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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NM Cyber Ruling Will Spur Litigation As Coverage Remedy
In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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How Insurance Policies Are Adapting To AI Risk
While many risks related to artificial intelligence may still fit under existing commercial insurance policies, the rise of broad AI exclusions, the definitional uncertainties surrounding what qualifies as AI and the emergence of affirmative AI coverage signal a shift toward a more fragmented and complex coverage environment, say attorneys at Hunton.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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8 Insurer Takeaways From Sweeping Georgia Tort Reform
Insurers should take note of several critical components of Georgia's tort litigation overhaul — including limitations on damages anchoring, procedural rules governing dismissals, and liability standards in negligent security cases — and adapt claims-handling strategies to reduce litigation risk, says Lucy Aquino at Cozen O'Connor.