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Insurance
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April 08, 2025
Town's Insurance Suit Unfrozen After $11M Civil Rights Deal
A previously paused lawsuit that East Haven, Connecticut, brought against its insurers has been referred for settlement negotiations after the town and former officials lost an underlying civil rights case over the politically motivated closure of a quarry and then reached an $11 million deal to end the underlying dispute.
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April 08, 2025
4th Circ. Won't Revisit Ambiguous Endorsement Ruling
The Fourth Circuit on Monday declined to review its ruling that a South Carolina district court erred by finding that an endorsement unambiguously applied to cap an aluminum supplier's insurance recovery for a fire loss at $10 million.
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April 08, 2025
4th Circ. Says Insurer Needn't Chip In For $9M Fatal Fire Deal
A Munich Re unit needn't contribute to The Travelers Indemnity Co.'s $9 million settlement of suits brought over a fatal apartment fire, the Fourth Circuit ruled Tuesday, saying the unit's policy issued to a North Carolina county's emergency services department did not also extend coverage to its 911 call center.
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April 08, 2025
Texas Court Upholds Jurisdiction Over Some Asbestos Claims
A Texas appellate court affirmed Tuesday that insurers involved in litigation brought by the trustee of a bankrupt Kentucky machine company seeking coverage in connection with asbestos-related injury litigation can't escape jurisdiction, but contradicted the lower court by denying jurisdiction over certain American insurers regarding non-Texas claims.
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April 08, 2025
MSP Recovery Sued For Docs In Del. After $33B SPAC Dispute
A stockholder of healthcare data analytics company MSP Recovery has demanded the company turn over books and records over allegations that it admitted to financial difficulties and federal investigations shortly after finalizing a $32.5 billion blank-check merger nearly three years ago.
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April 08, 2025
Machinery Co. Says Insurer Owes $12M For Fire Losses
An insurer owes a machinery company and its owner more than $12 million following a fire that destroyed construction materials, the pair alleged in a complaint removed to Oklahoma federal court, arguing negligence by the insurer and a broker ultimately led the company to bankruptcy.
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April 08, 2025
Design Co. Denied Exit From Hurricane Subrogation Suit
A design contractor facing a $4 million subrogation action over hurricane damage to commercial HVAC units at an Amazon sorting facility can't rely on notice requirements in Florida's construction defect law, Chapter 558, to argue the plaintiff insurers are statutorily barred from seeking reimbursement, a Florida federal court ruled.
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April 08, 2025
Key Witness Against Nadine Menendez Grilled Over Past Lies
A corrupt former New Jersey insurance broker testifying against Nadine Menendez during her trial on bribery charges admitted Tuesday to a decade of lying prior to his decision to cooperate against her and her husband, former U.S. Sen. Bob Menendez.
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April 08, 2025
Uber's Crash Coverage Bid 'Too Little, Too Late,' Insurer Says
An insurer said it has no duty to defend or indemnify Uber in five underlying personal injury suits, telling a New York federal court that the company's bid for coverage is "too little, too late" because the active negligence claims don't trigger coverage and the request was not timely.
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April 07, 2025
Pa. Supreme Court Snapshot: Electric Bills, Jock Tax
The Pennsylvania Supreme Court will open its three-day session in Pittsburgh Tuesday with arguments over how to weigh when a coworker or co-owner shares in an employer's immunity from lawsuits under the state's workers' compensation law, and if electricity providers can get additional services put on the utility bills drawn up by power distributors.
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April 07, 2025
9th Circ. Partially Reverses LA Port Co.'s Coverage Suit
The Ninth Circuit on Monday held that United National Insurance Company was obligated to defend a Los Angeles Port operator against pollution claims brought by the city, but said a district judge deprived the insurer of a jury trial on the operator's claimed defense costs due to the breach of contract.
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April 07, 2025
Insurers Lose Subrogation Suits Over Blackbaud Data Breach
Several insurers cannot recoup investigation and credit monitoring expenses they covered for their insureds following a 2020 ransomware attack against Blackbaud, a Delaware state court ruled, saying two suits by the carriers failed to allege insured-specific facts in order to adequately plead breach of contract claims against the software company.
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April 07, 2025
Agriculture Insurer Says Agent Error Cost It Fed. Reinsurance
A Texas insurance company has taken aim at its insurance agent, claiming that clerical errors cost the company over $1 million after applications for reinsurance were belatedly submitted to the U.S. Department of Agriculture's Federal Crop Insurance Corp. amid the COVID-19 pandemic.
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April 07, 2025
Insurer Seeks $300K For Damaged Crane Barge
An insurer told a California federal court it is owed $300,000 from the federal government and a California county for damages its insured's barge sustained when it struck a drawbridge because the government entities failed to raise the bridge after receiving a signal to do so.
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April 07, 2025
Insurer Settles Ga. Motel Shooting Coverage Suit
StarStone National Insurance Co. has settled a coverage dispute with a Georgia motel over whether the insurer was obliged to defend the establishment from a negligent security claim brought by the family of a man robbed and murdered on the premises five years ago, the company said Friday.
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April 07, 2025
Reinsurer Seeks Arbitration In Bermuda In Legionnaires' Row
A Michigan healthcare system's captive insurer turned to an improper venue to litigate coverage issues with its reinsurer over underlying Legionnaires' disease claims, the reinsurer told a Michigan federal court, saying the captive insurer's coverage claims must be sent to arbitration in Bermuda.
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April 07, 2025
Ex-Texas State Judge Joins Cozen O'Connor Insurance Team
Cozen O'Connor announced Monday that a former Texas state judge with nearly four decades of legal experience has joined the firm's Houston office as a global insurance member from Germer PLLC.
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April 07, 2025
Conn. High Court Snapshot: Atty's 'Double' ID Theft Damages
When it convenes for its next term, Connecticut's highest court will weigh whether an attorney whose identity was stolen can skirt a panel's ruling that he is not entitled to a "double recovery" of damages, and it will consider an insurance agent's responsibilities when a policyholder's coverage is canceled.
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April 04, 2025
Insurer's Policy Won't Cover General Contractor In Injury Suit
An Illinois federal judge has permanently tossed a construction company's bid for insurance coverage on an underlying injury suit under one of its subcontractor's policies, saying the injury suit doesn't include the kind of claim that would have triggered coverage.
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April 04, 2025
Pipe Cos. Settle $3M Cargo Damage Dispute With Insurer
A steel pipe importer and a distributor reached a settlement with an insurer in a $3 million dispute over cargo lost and damaged in transit from South Korea, according to a notice filed in a California federal court.
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April 04, 2025
Texas Justices Deny UnitedHealthcare, Humana Records Row
The Texas Supreme Court declined Friday to take up a dispute between United HealthCare Services Inc. and Humana Insurance Co. over whether UnitedHealthcare should have to turn over Medicare documents connected to a state retirement plan.
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April 04, 2025
Liberty Mutual Must Cover Trafficking Suits, Red Roof Says
Red Roof Inn is entitled to a defense from Liberty Mutual for 11 underlying suits involving alleged human trafficking at various hotel locations, the company told an Ohio federal court Friday, saying the insurer has reneged on its agreement to provide coverage.
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April 04, 2025
Insurers Accuse SoCalEdison Of Sparking Eaton Fire
Ten carriers blamed Southern California Edison for costing the insurance industry billions after negligently starting the January Eaton Fire, telling a California state court that the blaze was caused by a poorly maintained transmission tower whose wires arced, igniting vegetation.
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April 03, 2025
Texas Appeals Court Reverses Exxon's $25M Insurance Win
A Texas state appeals court reversed a $25 million judgment for Exxon Mobil on Thursday, finding that because of a policy exclusion, the company's excess insurer did not have to cover it in connection with a $35 million settlement following a deadly 2013 explosion at one of its facilities.
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April 03, 2025
AI Dominated Venture Funding In Q1 As Broader Market Lags
Artificial intelligence investment again dominated venture capital activity in the first quarter, mostly driven by a few mammoth deals, according to data released Thursday, while experts say the broader outlook for non-AI firms remains subdued amid market skittishness.
Expert Analysis
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.