Specialty Lines
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July 31, 2025
Insurance Litigation Week In Review
State Farm must pay over $54.6 million in vehicle valuation class actions, an AIG unit doesn't owe coverage for an herbicide damage dispute, Allianz must provide coverage for a hot air balloon company's passenger crash suits, and an RV park can proceed with a suit against its insurance broker. Here, Law360 takes a look at the past week's top insurance news.
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July 30, 2025
Davis Polk, King & Spalding Build $2.35B AccuLynx Sale
Data analytics and technology company Verisk, advised by Davis Polk & Wardwell LLP, on Wednesday announced plans to acquire software-as-a-service company AccuLynx, led by King & Spalding LLP, in a $2.35 billion cash deal.
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July 30, 2025
Calif. Health Group Says Insurer Must Cover Discovery Costs
California's largest private health foundation told a federal court that a Berkshire Hathaway-owned insurer failed to cover roughly $400,000 in discovery costs the foundation incurred from an executive's now-settled wrongful termination lawsuit, arguing the insurer breached its obligations despite accepting coverage twice.
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July 29, 2025
UnitedHealth Urges 6th Circ. To Affirm ERISA Preemption
UnitedHealth Group Inc. urged the Sixth Circuit to affirm the dismissal of a man's claims that UnitedHealth defrauded him into reimbursing the health insurance giant for $25,000, arguing that the Employee Retirement Income Security Act of 1974 completely preempts such claims brought under state law.
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July 29, 2025
No Coverage For $2.5M Herbicide Damage Row, Court Says
An AIG unit has no duty to cover an air services company in a contractor's lawsuit alleging that its aerial application of herbicides caused $2.5 million in expenses to fix grass damage, a New York federal court ruled Tuesday, finding no coverage under both of the company's policies.
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July 28, 2025
Insurers Sued Over Refusal To Cover Arbitration Defense
Institutional financial services venture StoneX Group Inc. sued XL Specialty Insurance Co., Ironshore Indemnity Inc. and others in Delaware state court, alleging multiple unjustified refusals to provide defense coverage in arbitration over trade secret and no-compete violations by five employees.
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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.
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July 25, 2025
US Says Insurer Must Pay $5M Following Project Delays
The U.S. government told a Virginia federal court that a Liberty Mutual unit owes an electrical subcontractor more than $5 million following delays for a school construction project at a Marine Corps base in Quantico, Virginia.
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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.
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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.
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July 24, 2025
Evolving California Wiretapping Law Challenges Policyholders
The evolution of a California privacy law has generated extensive litigation around the use of personal data in commonplace or widespread web activity and has challenged policyholders, according to Amy Mushahwar, chair of Lowenstein Sandler's data, privacy and cybersecurity practice. She spoke to Law360 about the implications of the California Invasion of Privacy Act's new relevance in the digital age.
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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.
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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.
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July 23, 2025
Insurer Says No Coverage For Poor Financial Advice Claims
An insurer for a wealth management firm told a Tennessee federal court it should owe no coverage over two couples' arbitration petitions claiming that its CEO's advice to switch life insurers caused the couples to lose roughly $6.85 million, all while the executive allegedly profited from commissions.
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July 22, 2025
Phone Co.'s Stockholder Disputes Not Covered, Insurers Say
A former smartphone developer's insurers told a New York federal court they owe no coverage for a suit seeking access to the company's books and records and a stockholder derivative action accusing the CEO of misusing company funds while the board of directors failed to provide oversight.
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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.
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July 21, 2025
Baldoni's Insurer Says No Coverage For Lively Suit
An insurer for Justin Baldoni told a New York federal court Monday it owes no coverage to the "It Ends With Us" lead and director, his production company and other officers for co-star Blake Lively's lawsuit accusing Baldoni of sexual harassment, arguing the insureds failed to give proper claim notice.
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July 21, 2025
Travelers Unit, NC Door Maker Settle Excess Insurance Fight
A Travelers unit has resolved a North Carolina door manufacturer's lawsuit seeking $10 million in excess coverage from the insurer to help cover a $39.5 million securities class action settlement, court records show.
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July 21, 2025
Hartford Unit Must Cover Drug Test Co. In False Results Suit
A Hartford unit must cover a drug testing company in a suit over false positive tests, a Virginia federal court ruled, finding that the suit was not related to a prior proposed class action filed during another insurer's coverage period.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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A Look At Insurance Coverage For Government Investigations
Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Insurance Considerations For Cos. That May Face Strikes
The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Key Insurance Implications Of Hawaii's Historic GHG Ruling
In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Insurance Likely Kept Swift Out Of The Woods After Vienna
Financial losses Taylor Swift incurred from the cancellation of three concerts in Vienna in August will likely be covered by insurance policies, considering how the facts of the situation differ from those of the Foo Fighters' 2015 insurance dispute over event cancellation and terrorism coverage, say attorneys at Anderson Kill.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.