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Insurance
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May 19, 2025
Insurer Drops Fight Over $9M OpenText Merger Settlement
Allied World National Assurance Company on Monday ended its lawsuit seeking a declaration that it wasn't obligated to contribute to a $9 million settlement in a shareholder class action stemming from Covisint Corp.'s merger with OpenText.
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May 19, 2025
Liberty Mutual Unit Can't Dodge Spoiled Wine Coverage Suit
A Liberty Mutual unit can't escape a vineyard's suit seeking indemnification for a settlement reached with another winery over 320,000 damaged cases of wine, a Washington federal court ruled Monday, saying none of the exclusions cited by the insurer clearly apply.
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May 19, 2025
Insurer Says Pizza Chain Only Gets $250K For Cyberattack
A cyber insurer for Cicis Pizza told a Texas federal court that it's already paid the full amount of coverage the restaurant chain is owed for a May 2022 ransomware incident, arguing that only a $250,000 sublimit under a ransomware endorsement applies.
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May 19, 2025
BCLP Hires Career Crowell Commercial Atty In DC, Arizona
Bryan Cave Leighton Paisner LLP has hired a former Crowell & Moring LLP commercial litigator who will split time between the firm's Phoenix and Washington, D.C., offices, and will bring his practice representing companies in high stakes healthcare and antitrust matters to the firm, according to a Monday announcement.
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May 19, 2025
Justices Pass On Insurers' Tribal Jurisdiction Challenge
The U.S. Supreme Court will not review a Ninth Circuit decision ordering insurers to litigate the Suquamish Tribe's COVID-19 coverage claims in tribal court in a case that addressed tribal jurisdiction over nonmember insurance companies, according to a Monday order list.
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May 19, 2025
High Court Won't Hear Insurer's Calif. COVID Tribal Dispute
The U.S. Supreme Court declined to take up an insurance company's bid to undo a Ninth Circuit ruling affirming that the Cabazon Band of Cahullia Indians' tribal court has jurisdiction over its members' suit that seeks millions in COVID-19 pandemic loss coverage after its California casino temporarily closed.
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May 16, 2025
Firms Eye Setoff Shielding $66M Conn. Life Insurance Policies
Three investment companies holding PHL Variable Insurance Co. policies asked a Connecticut state court judge on Friday to allow them to set off in-force life insurance policy premiums against their $66 million in matured policies, fearing they could receive only a fraction of their investments while the state supervises the struggling insurer.
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May 16, 2025
Zurich American Says Ex-Liability Head Poached Workers
Zurich American Insurance Co. has sued its former New York City-based head of management liability for allegedly poaching two employees by luring them to rival Everest Insurance when he took a new gig there, in violation of a one-year nonsolicitation agreement.
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May 16, 2025
Fla. Gov. Says He Will Veto Bill To Expand Death Damages
Florida Gov. Ron DeSantis has said he will veto a bill recently passed by Florida lawmakers to repeal a statute limiting pain-and-suffering damages in fatal medical malpractice cases, saying a veto will prevent a flood of lawsuits against healthcare providers.
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May 16, 2025
Insurers Need Not Pay In Workplace Accident, NJ Panel Says
A New Jersey appellate panel affirmed a lower court judgment on Friday, finding that due to policy language, insurers didn't have to cover a $1.25 million agreement between an injured and now-deceased worker and his employer that could only have been paid by the carriers.
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May 16, 2025
Insurer Asks 7th Circ. To Revise BIPA Coverage Ruling
A Hanover Insurance unit urged the Seventh Circuit on Friday to revise a ruling that it must indemnify a condiment manufacturer in an underlying biometric privacy suit if notice was timely, saying the court improperly relied on a settlement that wasn't part of the trial record.
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May 16, 2025
Insurer Owes $3.8M For Honda Airbag Class Counsel Costs
A Tokio Marine unit must pay over 5.4 million Canadian dollars ($3.8 million) for class counsel fees that Honda Canada Inc. incurred in underlying class actions over airbag deficiencies, but is off the hook for CA$2.9 million in settlement administration costs, a Canadian court affirmed.
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May 16, 2025
Mich. Court Orders Redo Of Motorist's Insurance Award
A judge erroneously factored in a semi-paralyzed man's future care in allotting him the bulk of an insurance payout, a Michigan state appeals court said, partially reversing the decision at the request of two healthcare providers that had competing claims.
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May 16, 2025
Progressive, Kanner & Pintaluga Slam Accident Data Suit
Progressive Casualty Insurance Co. and Kanner & Pintaluga PA have filed separate motions in Texas federal court to dismiss a proposed class action accusing the two of conspiring to share auto crash victims' private information against state and federal law, with each arguing that the allegations, as the insurer put it, "make no sense."
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May 16, 2025
Taxation With Representation: Blakes, Davies, Goodmans
In this week's Taxation With Representation, Charter Communications Inc. merges with Cox Communications, Hub International Ltd. boosts its valuation after securing an investment, Pan American Silver Corp. acquires Mag Silver Corp. and Robinhood buys WonderFi.
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May 15, 2025
Troutman Adds Transactional Insurance Partner From McDermott
Business law firm Troutman Pepper Locke LLP announced Thursday that it has added a new partner from McDermott Will & Emery LLP to its insurance transactional and regulatory practice group's Chicago office.
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May 15, 2025
Conn. Justice Warns DMV Rule May Destroy Towing Program
If the Connecticut Department of Motor Vehicles is correct in its interpretation of how towing companies can be paid for certain services, a state police program for clearing wrecks will evaporate because participating will not be profitable, a justice of the state Supreme Court warned Thursday.
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May 15, 2025
Fla. High Court Won't Rule On Condo Insurance Dispute
The Florida Supreme Court on Thursday declined to wade into a dispute between a Miami condominium and its insurer over a claim for damage caused by Hurricane Irma, leaving in place an appellate ruling that the association provided sufficient notice to the insurer that it intended to add or reopen its damage claim.
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May 15, 2025
Insurer Wants Smokestack Demo Cos. To Pay For Damage
Erie Insurance is seeking to make the companies that demolished two smokestacks at a former Western Pennsylvania coal-fired power plant pay $375,000 for damage that flying dust, debris and shock waves did to a neighboring property, according to a lawsuit filed in state court.
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May 15, 2025
Golden Corral Can't Resurrect COVID-19 Coverage Case
A North Carolina federal court blocked Golden Corral's last-ditch effort at COVID-19 insurance coverage, finding that although similar policyholders scored a recent win before the state's supreme court, that victory wasn't "extraordinary" enough to disturb a final judgment against the restaurant chain.
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May 15, 2025
Ex-LA DA's Atty's AI Use 'Affirmatively Misled' Special Master
The retired California federal judge serving as special master for former Los Angeles District Attorney Jackie Lacey's insurance coverage suit — stemming from her husband's holding a gun in their home's doorway in 2020 — has ordered litigation sanctions against Lacey's legal team, finding the lawyers submitted "bogus AI-generated research" that initially tricked the judge.
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May 15, 2025
NC Furniture Maker Gets Pretrial Win On Helene Coverage
A federal judge gave a North Carolina furniture manufacturer a pretrial win in its suit seeking Hurricane Helene coverage from Fireman's Fund Insurance Co., ruling that the policy at issue had an exclusion for flood damages but that the exclusion had a carve-out for "named storms."
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May 14, 2025
Insurer Ends Case Blaming Panda Express For Water Leak
An insurance company on Wednesday dropped its case seeking more than $176,000 from Panda Express Inc. for damages allegedly caused when grease-filled pipes at one of the chain's restaurants backed up and leaked water into a clothing store covered by the insurer.
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May 14, 2025
Idaho Murderer's Family Can't Get Coverage, Judge Says
The wealthy mining family of a mentally ill man who murdered and allegedly ate his victim's genitalia was denied insurance coverage for underlying litigation brought by the decedent's survivors when an Idaho federal judge determined the killing wasn't unforeseen and the killer's subjective motives weren't relevant.
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May 14, 2025
NC Progressive Customers Get Class Cert. In Car Value Suit
A class of Progressive Auto Insurance customers in North Carolina suing over the company's alleged practice of making adjustments that reduced their compensation for total loss claims has been certified by a federal judge.
Expert Analysis
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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.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.