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Insurance
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March 11, 2025
Lyft Driver Says Up To $1M In UIM Benefits Owed Over Crash
A Lyft Inc. driver who said he was severely injured in a head-on collision while completing a ride is accusing the ride-hailing giant and its insurer of failing to provide him up to $1 million in underinsured motorist coverage, even though he said Lyft promised such coverage to its drivers.
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March 11, 2025
Insurer Says AIG Unit Must Cover Water Contamination Suit
An AIG unit can't rely on its policy's pollution exclusion to bar coverage for a Texas water utility accused of providing contaminated water to residents, the utility's other insurer told a federal court, saying the court has already rejected the application of the exclusion in a related case.
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March 11, 2025
Ex-Marvel Exec Asks Fla. Court To Revive Punitives Claim
Former Marvel Entertainment Chair Ike Perlmutter has asked the Florida Supreme Court to revive his punitive damages claim against his neighbor in a dispute over a hate mail campaign, arguing that the appellate decision blocking his claim breaks from decades of jurisprudence on punitive damages in Florida.
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March 11, 2025
2nd Circ. Affirms Union Fund's Win In COVID-19 Test Fight
The Second Circuit upheld a win for a union benefit fund Tuesday in a medical practice's suit alleging it was owed reimbursements for COVID-19 testing from a union employee health benefit plan, finding a lower court properly tossed the complaint for failure to exhaust administrative remedies.
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March 11, 2025
Yacht Owner Seeks $1M From Marsh After Losing Coverage
A yacht owner asked a Florida federal court to find its insurance broker owed over $1 million for negligence for failing to provide or explain its policy, after it was denied coverage for a total loss grounding because the boat's fire suppression equipment wasn't inspected as required.
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March 11, 2025
La. Eatery Must Litigate Hurricane Coverage Under NY Law
A New Orleans restaurant must litigate its hurricane damage claims against its insurer under New York law, a New York federal judge ruled Tuesday, rejecting the restaurant's position that Louisiana law must apply instead despite the policy's New York choice-of-law and forum selection provision.
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March 11, 2025
Software Co. Says Ex-Employees Stole AI Trade Secrets
A software company that uses artificial intelligence to automate appeals when insurers deny a healthcare provider's payment request has sued two former staffers, alleging they used confidential information gathered through their employment to launch a competing company.
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March 11, 2025
Insurers Must Cover Abuse Suits, NH Youth Centers Say
Two youth treatment centers said their insurers must defend and indemnify them in suits alleging mistreatment and abuse of children at certain facilities in the 1990s, telling a New Hampshire federal court that they are covered as purported successors in interests to the policies' named insureds.
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March 10, 2025
Viacom And NAI Can Continue Shareholder Coverage Dispute
A Delaware Superior Court judge ruled in companion cases that Shari Redstone, National Amusements Inc. and Viacom Inc. can still seek coverage for millions after underlying shareholder litigation in the wake of Viacom's 2019 CBS merger, determining prior actions were unrelated to the underlying disputes at hand.
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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.
Expert Analysis
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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4 Property Insurance Action Steps For LA Policyholders
Property insurance will play a vital role in rebuilding the areas affected by the Los Angeles wildfires, and policyholders should be aware of key aspects of that coverage in order to maximize their insurance recovery, say attorneys at Cohen Ziffer.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Proactively Managing Tariff Impacts On Megaprojects
President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
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Calif. Justices' Options In Insurance Exhaustion Case
Fox Paine v. Twin City Fire Insurance may serve as the California Supreme Court's opportunity to firmly establish precedent with respect to a strict adherence to excess insurance policies' exhaustion provisions when the language is clear and explicit, says Aiden Spencer at Langsam Stevens.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
A Federal Insurance Mandate For Private Aviation Is Overdue
A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences — and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.