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February 10, 2025
Calif. Ruling Holds Wildfire Debris Not A Coverable Loss
Two California homeowners didn't have a covered claim for wildfire debris that infiltrated their home, a state appeals panel ruled, saying there was no evidence the debris caused the kind of loss or damage required for coverage.
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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.
Expert Analysis
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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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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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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.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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What To Know About Insurance Coverage For Antitrust Risks
With all the regulatory activity surrounding antitrust and unfair competition claims, as highlighted by last month's D.C. federal court decision that Google is a monopolist, businesses must not only ensure compliance, but also understand their potential insurance coverage when such claims arise, says Micah Skidmore at Haynes Boone.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Rise Of Transpo Contractors Brings Insurance Disputes
As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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Keys To Successful Commercial Property Insurance Claims
Excerpt from Practical Guidance
While insurance needs for commercial leasing arrangements are driven by the characteristics of the premises and the nature of the tenants' intended operations, there are several universal best practices landlords and their counsel can follow when making claims after loss or damage.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.