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General Liability

  • July 25, 2025

    Nationwide Urges Mich. Justices To Let Unitary Tax Win Stand

    Entities of Nationwide urged the Michigan Supreme Court to reject the state tax agency's arguments that the insurance company's affiliates are required to file taxes as separate entities instead of as a unitary group that can share credits among its members.

  • July 24, 2025

    Renewed Bid For National Reinsurer May Not Rein In Costs

    A revamped legislative proposal to create a national reinsurer would significantly change the federal government's role in insurance markets, but experts say it's not clear that the program would effectively address insurance cost and availability issues.

  • July 24, 2025

    7th Circ. Erases Class Cert. Over Progressive's Car Valuation

    The Seventh Circuit on Thursday reversed a policyholder's class certification win against Progressive Insurance over certain adjustments the insurer makes when calculating a totaled vehicle's actual cash value, finding that whether Progressive paid insureds the proper amount is a primarily individualized inquiry.

  • July 24, 2025

    Lincoln National Beats Investor Suit Over $2.6B Loss, For Now

    A Pennsylvania federal judge on Thursday tossed with leave to amend a proposed securities class action alleging that Lincoln National Corp. misled investors about its financial health before reporting a $2.6 billion net loss in 2022, finding that the investors didn't specify when Lincoln National had access to certain data and studies.

  • July 24, 2025

    Silica Injury Claims Reemerge As Pollutant Trend To Watch

    In what is considered by some as “the next asbestos,” lawsuits alleging injury due to silica exposure are ramping up and the way in which they unfold may bring coverage questions under commercial general liability policies center stage, policyholder attorney Jeff Kiburtz of Pillsbury Winthrop Shaw Pittman LLP told Law360. Here, he shares his optimism for policyholders' success in litigating these claims and why he believes this topic is one to watch in the CGL industry.

  • July 24, 2025

    NJ Mall Says Insurers Owe $20M For Prop Helicopter Damage

    The owner of the American Dream mall in New Jersey said its insurers wrongfully reduced a $20.5 million claim for loss and damage caused by a decorative 2-ton helicopter falling from the ceiling of its indoor water park, according to a suit removed to federal court Thursday.

  • July 24, 2025

    Insurance Litigation Week In Review

    The Second Circuit ruled that a former New York state official is immune from the National Rifle Association's First Amendment suit, the Eighth Circuit said a Minnesota bar isn't entitled to nearly $2 million for an arson, and the Eleventh Circuit affirmed a Georgia church's $1.75 million coverage win. Here, Law360 takes a look at the past week's top insurance news.

  • July 23, 2025

    No Coverage For Deadly Chiefs Super Bowl Rally, Insurer Says

    An insurer said it has no duty to defend or indemnify the organizers of the 2024 Kansas City Chiefs Super Bowl rally in a suit by the family of a woman who was fatally shot during the event, telling a Missouri federal court that an assault or battery exclusion bars coverage.

  • July 23, 2025

    Texas Event Venue Not Covered In Fatal Shooting Dispute

    An insurer has no duty to defend or indemnify the property owner of a Dallas event space in a suit over a fatal shooting, a Texas federal court held, saying it would not alter its previous finding that the claim fell under an assault or battery exclusion.

  • July 23, 2025

    Thompson Hine Adds Venable Product Liability Atty In LA

    Thompson Hine LLP is expanding its litigation team, announcing Wednesday it has brought in a Venable LLP product liability expert as a partner in its year-old Los Angeles office.

  • July 22, 2025

    Insurer Denied Quick Win In Staffing Co. Injury Coverage Row

    A Massachusetts federal court refused to rule that an insurer has no duty to defend or indemnify a staffing agency and its produce distributor client in an underlying worker injury suit, saying a genuine dispute of material fact exists over whether the worker qualifies as an "employee" under the policies.

  • July 21, 2025

    Avon, Insurers Spar At Ch. 11 Plan Hearing Over Talc Trust

    Avon made its case Monday to a Delaware bankruptcy judge for its Chapter 11 liquidation plan, while insurers that issued policies to the cosmetics company alleged its proposal to pay talc injury claims through a trust funded by insurance coverage was unfair to them.

  • July 21, 2025

    Erie Insurance Blames BMW For $2M Mini Cooper Fire Loss

    An insurer for a Pittsburgh car dealership and car owner told a Pennsylvania state court that BMW's North American division owes nearly $2 million in coverage reimbursement for a Mini Cooper vehicle fire because of a faulty battery housing or related components.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    Insurer Asks To Be Freed From Mass Shooting Coverage

    A home insurer has told a North Carolina federal court it should not have to cover an underlying lawsuit brought against the parents of a teen mass shooter by victims and family members of decedents, since its policy does not cover intentional acts, among other reasons.

  • July 17, 2025

    Top Legal Developments That Could Impact LA Fire Aftermath

    While the full consequences of a series of devastating wildfires that struck Los Angeles in January are still becoming clear, insurance experts and attorneys have pointed to a series of lawsuits and decisions as having important implications for the city's recovery.

  • July 17, 2025

    Insurance Litigation Week In Review

    Florida's insurer of last resort was hit with a lawsuit over its use of arbitration, an insurer sought to limit its coverage exposure for 175 silica injury lawsuits to a single policy and the Ninth Circuit issued a no-coverage ruling concerning a $58.5 million judgment over mishandled bodily remains. Here, Law360 takes a look at the past week's top insurance news.

  • July 17, 2025

    Insurer Says Pollution Exclusion Applies To Asbestos Suits

    A Berkshire Hathaway unit said it doesn't owe coverage to a paint and drywall product manufacturer in a number of asbestos exposure suits, telling a Texas federal court Thursday that coverage is barred by a pollution exclusion in its umbrella and excess policies.

  • July 17, 2025

    Mass Deportations Could Raise Insurance Costs, Profs Say

    The Trump administration's mass deportation program could increase costs for insurance carriers and homeowners by reducing the number of undocumented immigrants so critical to the construction industry, business and insurance professors say.

  • July 17, 2025

    Oil Cos. Not Covered In Gas Exposure Suit, Markel Unit Says

    A Markel unit has no duty to defend or indemnify oil and gas companies in a suit over a worker's exposure to toxic hydrogen sulfide gas, it told a Texas federal court, saying the underlying suit did not allege an occurrence.

  • July 16, 2025

    Travelers Avoids Bad Faith Claim In Yacht Damage Dispute

    A Travelers unit did not act in bad faith when handling a yacht owner's claim for coverage after its yacht was destroyed during Hurricane Irma, a Florida federal court ruled Wednesday, saying, at the time, it was unclear whether Florida law or federal maritime law applied.

  • July 16, 2025

    Bojangles Insurer Must Cover Settled Rape Suit, Court Rules

    A Bojangles franchisee's insurer had a duty to cover it in a now-settled civil lawsuit alleging that a manager at one of the franchisee's locations raped an employee who was a minor, a Georgia federal court ruled Wednesday, finding that one of two coverage forms at issue was triggered.

  • July 15, 2025

    Insurers Prevail In $59M Mishandled Remains Row At 9th Circ.

    Two insurers for a provider of medical training have no duty to cover a $58.5 million civil judgment against a man found liable for mishandling donated bodily remains, the Ninth Circuit ruled Tuesday, though also allowing the underlying claimants to still pursue bad faith claims against the insurers.

  • July 15, 2025

    Medicaid Cuts Pose 'Frontal Assault,' Penn Law Prof Says

    Allison K. Hoffman, a health insurance regulation expert at the University of Pennsylvania Carey Law School, talks about the wide-ranging impacts of the cuts coming to Medicaid funding.

  • July 15, 2025

    These Firms Worked On The Top First-Half Real Estate Deals

    A&O Shearman and Stibbe are among the more than 20 law firms that scored work on the 10 largest global real estate mergers and acquisitions of the first half, a period that saw three transactions above $4 billion.

Expert Analysis

  • 3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

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    With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.

  • Indemnity Lessons From Mass. Construction Defect Ruling

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    The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • Ore. High Court Ruling Widens Construction Defect Coverage

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    A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability for defective work is uninsurable if pursued as a breach of contract, say attorneys at Stoel Rives.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • Ruling On Pollutants And Indemnity Offers Insurers Mixed Bag

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    Both insurers and policyholders can reap benefits from a Georgia federal court's recent declaratory judgment decision, which broadly defined pollutants, but also deemed the duty to indemnify not yet ripe for adjudication, says Jena Emory at Morris Manning.

  • What Disparate Impact Order Means For Insurers' AI Use

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    A recent executive order seeking to bar disparate impact theory conveys a meaningful policy shift, but does not alter the legal status of federal antidiscrimination law or enforceability of state laws, such as those holding insurers accountable for using artificial intelligence in a nondiscriminatory matter, say attorneys at Eversheds Sutherland.

  • 4 Ways To Leverage A Jury's Underdog Perceptions

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    Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.

  • Why Hiring Former Jurors As Consultants Can Be Risky

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    The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.