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May 06, 2025
Marshall Fire Suit Must Stay In Colo., Plaintiffs' Attys Say
Local governments and individuals accusing Xcel Energy Inc. in a lawsuit of failing to mitigate risks leading up to the devastating 2021 Marshall Fire in Colorado said the company must stand trial in the state, rebuffing the notion that the state's court had no jurisdiction.
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May 06, 2025
3rd Circ. Won't Review PNC's $106M No-Coverage Ruling
The Third Circuit declined Tuesday to reconsider its decision that PNC Bank isn't owed coverage for a $106 million judgment it incurred over claims that its predecessor mismanaged funeral trust accounts.
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May 06, 2025
4th Circ. Hears Towers Watson's Bump-Up Exclusion Appeal
The Fourth Circuit seemed skeptical Tuesday that Towers Watson's settlement of shareholder litigation was not an effective increase in deal compensation barred by a so-called bump-up exclusion in its directors and officers policies.
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May 06, 2025
Insurer Denies Coverage For Amtrak Employee Slip-And-Fall
An insurer told an Illinois federal court that Amtrak has no coverage for an underlying slip-and-fall injury lawsuit brought by an employee, because it's not an additional insured under its policy and the underlying litigation cannot be covered because of a workers' compensation exclusion, among other reasons.
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May 05, 2025
Class Cert. Partially Granted In Auto Insurance Discount Case
A California federal court partially granted class certification Monday over policyholders' claims that a group of insurers violated the state's rule on good driver discounts.
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May 05, 2025
Citizens Policy May Cover BIPA Claim, 7th Circ. Says
An Illinois food ingredient manufacturer may be able to tap into one of its Citizens insurance policies for coverage of an underlying biometric privacy suit, if the company can prove it provided the insurer with timely notice of the claim, the Seventh Circuit said.
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May 05, 2025
Software Co. Sues After Acquisition Of Allstate's EVB Biz
A software solutions company has sued Allstate Insurance Co. and StanCorp Financial Group Inc. for copyright infringement and breach of contract, telling a California federal court that the insurance giant distributed and reproduced its copyrighted software in violation of a master agreement.
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May 05, 2025
Insurer Needn't Pay $40M Over Surgical Sterilization Claims
A Colorado health system that settled with more than 6,000 patients after it was found to have inadequate surgical sterilization procedures can't tap into $40 million in excess coverage in connection with the incidents, a Tenth Circuit panel affirmed, finding patient claims could not be combined.
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May 05, 2025
Insurance Key Concern In Fighting Cyberattacks, Panel Says
Companies need to consider a wide range of protections and policies to stem the growing risks posed by social engineering, wire transfer fraud and other forms of cyberattacks, panelists at a risk conference said Monday.
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May 05, 2025
Ky. Property Owner Sues Liberty Mutual For Arson Coverage
The owner of an apartment building in the Louisville, Kentucky, metro area accused a Liberty Mutual unit of denying property coverage in bad faith for a May 2023 arson incident that rendered the building a total loss, telling a federal court Monday the insurer wrongly invoked a raft of exclusions.
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May 05, 2025
Late Amazon Worker's Life Insurance Suit Delayed By 2 Months
An Ohio federal judge on Friday delayed an upcoming trial over a late Amazon worker's life insurance policy by about two months but declined to convert it to a bench trial at this point, saying the request to proceed without a jury was premature.
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May 05, 2025
Liberty Wants Uber Rider, Employer To Cover Cyclist's Claim
Liberty Mutual's surplus lines unit says an Uber rider and his then-employer, Boston-based developer Beacon Communities, are liable for a claim the insurer paid out to a cyclist who was "doored" as the passenger got out near his office in 2023.
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May 05, 2025
Insurer Knowingly Skimped On Storm Probe, Texas Court Told
A Houston-area developer's insurer deliberately refrained from a proper investigation after a May 2024 storm and thus came up short on covering losses, the developer told a Texas federal court Monday.
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May 02, 2025
Fla. Lawmakers Vote To Repeal Law That Limits Death Suits
Florida lawmakers have voted to do away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but an attorney representing healthcare providers says that repealing the law will cause a flood of new lawsuits.
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May 02, 2025
Ex-Travelers Employee Can't Yet Appeal Arbitration Ruling
The Connecticut Appellate Court ruled Friday that a trial court's refusal to vacate a woman's arbitration loss in an age discrimination case against Travelers Indemnity Co., her former employer, wasn't a final order that could be appealed.
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May 02, 2025
NJ Panel Affirms $2.6M Coverage Payout In Cleanup Case
A New Jersey appeals court on Friday upheld a lower court's decision finding that under Massachusetts law an insurer owed a BASF entity only $2.6 million in coverage for underlying environmental remediation costs after the lower court found a prior, larger coverage calculation it had adopted was "palpably incorrect."
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May 02, 2025
Cos. Seek Court Input On $1.2M Payout After Worker's Murder
A Connecticut-based software services company and its employee benefits providers have asked a federal court to determine who should receive $1.2 million in payouts under plans issued to a systems analyst who was murdered by her husband, the beneficiary.
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May 02, 2025
NC Farmers Say Fight With Crop Insurer Must Stay In Court
A suit by six tobacco farmers lodging tort claims against their crop insurer should proceed in state court, they told a North Carolina appeals court, arguing that an arbitration provision in their policy applies only to disputes over a coverage determination.
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May 02, 2025
IRS Updates Rates For Foreign Insurance Company Equations
The Internal Revenue Service on Friday published updated domestic asset/liability and yields percentages for 2024 that foreign life insurance companies and foreign property and liability insurance companies need to compute their minimum effectively connected net investment income.
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May 01, 2025
Death Bond Fund Manager Inflated Asset Values, Suit Says
An Illinois fund that invests in life insurance policies has been hit with securities fraud, breach of fiduciary duty and several other claims in a suit seeking at least $50 million that alleges it manipulated the value of illiquid assets to collect inflated fees from investors.
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May 01, 2025
Aetna And Humana Accused Of Medicare Kickbacks And Bias
The federal government brought a bombshell False Claims Act suit Thursday against Aetna, Elevance and Humana, claiming the insurers paid hundreds of millions of dollars in illegal kickbacks to brokers in exchange for enrollments into their Medicare Advantage plans, with Humana and Aetna also accused of discriminating against disabled beneficiaries.
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May 01, 2025
Fla. Appeals Court Puts Condo Damage Suit To Bed
A Florida state appeals court upheld the dismissal of a condo's Hurricane Irma damage lawsuit against a Florida entity created to handle the claims for insolvent insurers, finding it was time-barred.
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May 01, 2025
6th Circ. Judge Unsure If Totaled Car Payout Class Will Stand
A federal appellate panel grappled Thursday with whether to uphold class certification in a lawsuit claiming that State Farm systematically undervalues totaled vehicles, with one judge wondering if every class automobile would require its own damages trial.
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May 01, 2025
Insurance Pros Stress Disaster Mitigation In Senate Hearing
A panel of insurance experts stressed in front of a U.S. Senate committee Thursday the importance of mitigation efforts, such as strengthening building codes and hardening homes, as the experts discussed how prices in the property insurance market have soared because of recent natural disasters across the country.
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May 01, 2025
8th Insurer Dismissed In Pulte Coverage Row
Two PulteGroup subsidiaries said Thursday they'll dismiss their property damage coverage claims with prejudice against an insurer over structural issues at a residential development, marking the eighth dismissal of an insurer since the homebuilder first sued a raft of carriers in New Mexico federal court in October 2023.
Expert Analysis
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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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.