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Insurance
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March 10, 2025
Colo. Justices To Review Insurers' Noncooperation Defense
The Colorado Supreme Court will consider whether a pair of insurance companies can defeat a man's bad-faith lawsuit by arguing his failure to turn over medical information about a surgery before his auto accident breached a contractual duty, according to an order Monday granting two petitions for review.
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March 10, 2025
Insurer Says CarePoint's Ch. 11 Plan 'Fatally Flawed'
An insurer has asked a Delaware bankruptcy judge to reject CarePoint Health Systems' Chapter 11 plan, saying it is designed to unfairly benefit the debtor's landlord with liability releases.
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March 10, 2025
Insurer May Be Liable For Coverage Of School Abuse Suits
A Washington federal judge said an insurer may still be liable for covering underlying claims of physical and sexual abuse against staff at a boarding school for troubled youth on the state's Cypress Island, because one policy year unlike others was missing an endorsement requiring connection to a particular location.
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March 10, 2025
4th Circ. Reverses $10M Coverage Cap For Aluminum Co.
The Fourth Circuit on Monday reversed a lower court's ruling capping an aluminum supplier's total recovery for losses related to a fire at $10 million, saying a molten material endorsement in the company's all-risk policies is ambiguous.
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March 10, 2025
NY AG Sues Allstate Unit Over Pair Of Data Breaches
Allstate unit National General Insurance Co. was sued Monday by New York Attorney General Letitia James over two data breaches in 2020 and 2021, saying the company failed to safeguard sensitive data or inform customers.
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March 10, 2025
Texas Atty Wants Allstate Sanctioned Over 'Dead' Expert Claim
A prominent Houston lawyer has denied filing a document purportedly signed by a long-dead expert witness and urged a Texas federal judge to sanction Allstate for accusing him of doing so, saying the signature actually belonged to the deceased expert's similarly named son.
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March 10, 2025
Freight Co. Says Cellphone Dealer Ignoring Discovery Bids
A freight coordination company said it has no choice but to ask a North Carolina federal court to sanction a cellphone dealer who sued it after a truckload of devices was stolen, claiming that it hasn't received adequate discovery responses.
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March 07, 2025
Condo Says Insurer Is Delaying $2M Hidden Damage Claim
A condo owners association told a Washington federal court that its insurer is deliberately delaying investigation and payment of its claim for over $2 million in hidden rain damage to its Seattle property, saying the carrier is trying to run out the limitations period in its policies.
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March 07, 2025
$48M Progressive Deal With NY Drivers Gets Finalized
A New York federal court on Friday officially signed off on a $48 million class action settlement various Progressive Insurance units reached with New York drivers to resolve their claims that Progressive underpaid their claims for totaled vehicles.
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March 07, 2025
Gas Station Asks 11th Circ. To Revive Pollution Coverage Suit
A Florida gas station owner asked the Eleventh Circuit on Friday to revive its lawsuit trying to get Nautilus Insurance Co. to cover the costs to clean up contamination caused by a leaking underground fuel tank, telling the appeals court the company did not learn of the leak until after the policy went into effect.
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March 07, 2025
Cosmetics Co. Sues Insurer Over Calif. Water Pollution Claims
A cosmetics company facing water pollution claims told a California federal court its insurer denied coverage in bad faith, saying though the insurer agreed to defend a lawsuit from the California attorney general, the insurer still wrongly refused to reimburse costs from two prior, related suits that were ultimately rescinded.
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March 07, 2025
Tariffs, Diversity And DOGE Dominate Trump 2.0 'Risk Factors'
Public companies are busily reworking risk disclosures since the arrival of President Donald Trump's second administration, seeking to walk a fine line of being upfront with investors about potential threats to business despite vast legal and policy uncertainties.
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March 07, 2025
False Policy Info Tanks Property Owner's Coverage Suit
A New York federal judge ruled that an insurer doesn't have to cover a property owner and manager embroiled in a dispute with Vrbo tenants who fell through the balcony of a South Carolina condo, because the owner lied to the carrier and said it didn't offer short-term rentals.
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March 07, 2025
Gallagher's $13.5B AssuredPartners Deal Faces FTC Inquiry
Arthur J. Gallagher & Co. announced Friday that federal regulators requested additional information, for a second time, on its $13.5 billion acquisition of independent insurance brokerage AssuredPartners, extending the waiting period under the Hart-Scott-Rodino Act until 30 days after the firm complies with the request.
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March 07, 2025
10th Circ. Urged To Reject Bid To Nix Microcaptive Notice
The federal government urged the Tenth Circuit to affirm a ruling that rejected a plumbing supply company's request to invalidate an IRS notice that added reporting requirements for certain microcaptive insurance arrangements, saying the lower court correctly found the suit would illegally hinder tax collection.
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March 07, 2025
How A Showcase Prosecution Collapsed For New Jersey's AG
New Jersey Attorney General Matthew Platkin took a risk that backfired when he used over 100 pages to lay out his case accusing George E. Norcross III, one of the Garden State's most influential businessmen, of leading a racketeering enterprise to deepen his commercial footprint in a struggling city.
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March 06, 2025
Insurers Seek Toss Of Meta's Social Media MDL Coverage Suit
A group of insurers urged a California federal court to either toss or stay Meta's suit seeking to pause all coverage litigation regarding underlying claims that the company deliberately designed its platforms to be addictive to adolescents, saying the first-to-file rule applies to the carriers' Delaware state court suit.
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March 06, 2025
Reddy Ice Must Cover Walmart's Slip-And-Fall Settlement
Bagged ice seller Reddy Ice Corp. must indemnify Walmart Inc. for the retailer's settlement of a woman's slip-and-fall lawsuit, an Arkansas federal court ruled Thursday, noting it is "undisputed" that the woman fell because of water originating from a faulty freezer display owned by Reddy Ice.
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March 06, 2025
Mich. Supreme Court Preview: Sex Offender Tracking, Rentals
The Michigan Supreme Court is gearing up to hear arguments next week on the constitutionality of making sex offenders wear location-tracking devices for life, whether short-term vacation rentals fit into the definition of residential use of a property and whether political parties have standing to sue when a community's election workers are overwhelmingly from the same political party.
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March 06, 2025
Insurance Mogul Can Pursue $8.2M Battle Over NC Office Park
Convicted insurance mogul Greg Lindberg and his company Global Growth Holdings Inc. will have another shot at counterclaims in an unpaid rent lawsuit against another company once owned by Lindberg, a North Carolina state appeals court ruled Wednesday.
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March 06, 2025
Pigment Co. Not Covered For Asbestos Suits, Court Told
A Liberty Mutual unit doesn't owe coverage to a cosmetic pigment manufacturer in underlying suits alleging injury from exposure to asbestos-containing materials, it told a New York federal court, saying certain claims fall outside the scope of coverage because they're not based on the company's work.
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March 05, 2025
Fla. Chiropractor Bilked State Farm For $2.7M, 11th Circ. Told
State Farm urged an Eleventh Circuit panel on Wednesday to find that it had shelled out $2.7 million to an unscrupulous Florida chiropractor who paid kickbacks for medically unnecessary claims, arguing that the provider should be held liable for fraud under a theory that he violated a state licensure exemption.
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March 05, 2025
Wash. Justices Won't Take Up Pemco's Fire Coverage Appeal
The Washington Supreme Court won't review a lower court's ruling that Pemco Mutual Insurance Co. must cover a woman's claim for fire damage to her former home after she was assaulted and set ablaze there by her ex-husband.
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March 05, 2025
Baylor Asks Texas Justices To Review $12M Virus Verdict Toss
Baylor College of Medicine asked the Texas Supreme Court to rethink an appellate panel's COVID-19 coverage decision wiping a $12 million jury verdict in its favor, arguing the ruling was based on a 1995 edition of a legal treatise that incorrectly concluded intangible damage isn't covered.
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March 05, 2025
BCBS Hit With New Antitrust Suits By $2.8B Deal Opt-Outs
Dozens of hospitals and healthcare systems that opted out of a landmark $2.8 billion Blue Cross Blue Shield antitrust settlement filed fresh Sherman Act lawsuits against the insurance entities in Pennsylvania, California and Illinois federal courts Tuesday, accusing them of colluding to restrict competition for the purchase of healthcare services.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Best Practices To Optimize Cybersecurity Insurance
As cyberthreats continue to evolve, the risks associated with third-party vendor breaches are an increasing concern, so businesses must not only reevaluate their internal cybersecurity insurance, but also take proactive steps to evaluate and manage the risks posed by their third-party relationships, say attorneys at Reed Smith.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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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.