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Insurance
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February 10, 2025
Texas Property Owner Seeks Over $1M In Storm Coverage
A Nationwide unit unlawfully failed to cover hail and wind damage to a Texas property, its owner alleged in federal court, accusing the insurer of fraud and violating state insurance statutes over unfair settlement practices and prompt claim payment and seeking over $1 million in damages.
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February 10, 2025
Co. Not Covered For Background Check Suit, Insurer Says
An insurer told an Illinois federal court on Monday that a company isn't covered for an underlying lawsuit alleging that it mishandled a job applicant's background check, citing multiple policy exclusions.
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February 10, 2025
Trenton Diocese Sues Insurers Over Abuse Suit Coverage
The Diocese of Trenton, New Jersey, accused Chubb, Hartford, Travelers and AIG units of violating the state's Unfair Claim Settlement Practices Act over an "onslaught" of child sex abuse lawsuits, telling a New Jersey federal court the parties have made "minimal progress" toward a cost-sharing agreement over defense expenses.
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February 10, 2025
PBMs Fight To Keep Mich. AG's Opioid Suit In Federal Court
Pharmacy benefit managers' work on behalf of federal health insurance plans entitles them to keep Michigan's lawsuit over their role in the opioid crisis in federal court, the companies told a federal judge last week.
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February 10, 2025
Insurer Says No Coverage Owed For Toxic Hair Product Suit
The makers of a hair straightening treatment do not have coverage for a lawsuit alleging the product is carcinogenic because the claims against them came after the treatment was known to be hazardous, and after the policy had ended, an insurer told a California federal court.
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February 10, 2025
Chubb Wants Depo Of Smithfield Foods CLO In Coverage Row
A Chubb unit facing coverage claims from Smithfield Foods Inc. asked the North Carolina Business Court to let it depose the company's chief legal officer before the parties' upcoming April trial even though discovery for the case has ended.
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February 10, 2025
Husch Blackwell Adds Corporate Trio In Phoenix, Austin
One week after Husch Blackwell LLP named a new chief operating officer and changed its organizational structure, the firm added three new partners to its financial services and capital markets industry team, it said on Monday.
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February 07, 2025
Insurer Escapes Construction Co.'s Suit Over $12.3M Award
A Texas federal judge has ruled that an insurer may exit a construction firm's suit over a $12.3 million arbitral award relating to a $1.35 billion highway project, finding that the firm failed to show that the court has subject matter jurisdiction.
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February 07, 2025
5th Circ. Upholds High School's Win In Gym Fire Suit
The Fifth Circuit on Thursday upheld a Louisiana high school's win in its suit claiming that a flooring company caused a gym fire, holding that the high school has a right of action for property damage to the gymnasium.
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February 07, 2025
Excess Insurer Says $50M Bad Wine Claims Not Covered
An excess insurer told a Washington federal court that it should not have to contribute to a settlement after an underlying lawsuit asserted more than $50 million in claims against a vineyard for allegedly damaging over 300,000 cases of wine, because there was no coverage.
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February 07, 2025
Ga. Hospital Should Face Insurer's Suit Over Double-Billing
A Georgia federal judge has significantly trimmed a lawsuit accusing a regional hospital of double-billing for medical services provided to two people burned in an incident at a South Carolina manufacturing plant.
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February 07, 2025
Insurers Say Meta MDL Row Should Be In Del. State Court
Coverage litigation with Meta over underlying claims that it deliberately designed its platforms to be addictive to adolescents ought to take place in Delaware state court, units of Chubb and Hartford told a Delaware federal court, arguing the court need only examine the fact that Meta is a Delaware citizen.
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February 07, 2025
Plaintiffs Lawyers Swarm Los Angeles Post-Fires
A deadly wildfire may be among the first covered by a new state fund that reimburses at-fault utility companies. This could mean billions of dollars for plaintiffs lawyers, and, if past fires are any indication, frustration and confusion for some victims.
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February 07, 2025
NJ AG Seeks To Escape Retaliation Suit Over Alleged Fraud
The New Jersey Attorney General's Office is urging a state judge to reconsider a ruling that denied its bid to escape a lawsuit accusing the Warren County Prosecutor's Office of retaliating against two officers for their part in uncovering an alleged fraud scheme, saying the office cannot be held liable for the purported misconduct.
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February 07, 2025
Katten Real Estate Partner Joins Greenberg Traurig In Chicago
Greenberg Traurig LLP has added former Katten Muchin Rosenman LLP partner Daniel Elrod as a shareholder in its Chicago real estate practice, bringing experience advising debt funds, life insurance companies and institutional lenders on a variety of deals.
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February 07, 2025
9th Circ. Says State Farm Unit Owes No More For Leaks
A State Farm unit owes no additional payment to a California medical center for lost income from water damage, a Ninth Circuit panel ruled, agreeing with a lower court that the insurer paid the amount due under the policy.
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February 07, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Investec Bank PLC sue two diamond tycoons, London florist Nikki Tibbles file a claim against an "imitator company," a direct descendant of the Cartier family launch a claim, and a Coronation Street actor hit footballer Joe Bunney with a defamation claim. Here, Law360 looks at these and other new claims in the U.K.
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February 06, 2025
Travelers' $6M Data Breach Settlement Nabs Final OK
A New York federal judge gave a final stamp of approval to a $6 million deal ending a proposed class action alleging Travelers failed to protect people's personally identifiable information prior to a 2021 data breach.
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February 06, 2025
Insurance Co. Must Cover Truck Driver Injury, 11th Circ. Rules
The Eleventh Circuit has affirmed a Georgia federal judge's decision to hand a win to a transport company in a coverage dispute with Crum & Forster Insurance, ruling the insurer must cover a workers' compensation claim brought by a trucker maimed in an accident.
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February 06, 2025
Allstate Collected, Sold Driver Data, Suit Alleges
Allstate unlawfully collected the driving data of at least 45 million policyholders through software integrated in third-party mobile apps, using information about their driving behavior as a basis for denying coverage, hiking up auto insurance premiums, or dropping them from coverage altogether, according to a proposed class action filed in Illinois federal court Wednesday.
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February 06, 2025
Paint Co. Says Chubb Owes $1M For Plant Explosion
A Columbus, Ohio, paint manufacturer accused Chubb of wrongfully refusing to reimburse it for more than $1 million after the company's resin manufacturing plant exploded and caused a hazardous chemical spill, in a suit removed Thursday by Chubb to Ohio federal court.
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February 06, 2025
House Committee Weighs Wildfire Strain On Calif. Insurers
A U.S. House of Representatives subcommittee met Thursday to discuss the recent California wildfires and how regulatory policy may aid future prevention of natural disasters, as experts emphasized that the fires only further exposed the state's ongoing insurance crisis.
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February 06, 2025
Tort Report: Kiss Death Suit Must Be Axed, Band Says
A bid to escape a suit accusing legendary rock band Kiss of causing a guitar technician's coronavirus death and the $8.5 million settlement of a convoluted medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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February 06, 2025
Pillsbury Adds Insurance Partner From Morgan Lewis
Pillsbury Winthrop Shaw Pittman LLP has announced the addition of an insurance recovery expert from Morgan Lewis as a partner in its Washington, D.C., office to advise and represent insurance policyholders.
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February 05, 2025
Seattle Garage Not Covered For Deadly Shooting, Insurer Says
An insurer said Wednesday that it does not owe the owners of Seattle's "sinking ship" public garage coverage in an underlying wrongful death lawsuit filed by the family of a man fatally shot while parking his car at the downtown facility.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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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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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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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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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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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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Opinion
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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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Opinion
To Shrink Jury Awards, Address Preventable Medical Errors
While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.
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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.