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March 04, 2025
Anthem, Cancer Patient End Lawsuit Over Treatment Denials
A proposed class action accusing Anthem Health Plans Inc. of wrongly denying coverage for proton beam radiation therapy — a form of cancer treatment used to target and destroy tumor cells — has been withdrawn by the patient who first brought the matter to Connecticut state court.
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March 04, 2025
Puerto Rico Cruise Port Says Insurer Must Cover Pier Damage
A San Juan cruise port operator said its Hartford insurer wrongfully denied coverage for damage to one of its piers after a cruise ship collided with the structure, telling a Puerto Rico federal court Tuesday that exclusions and clauses cited by the carrier were either inapplicable or misinterpreted.
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March 03, 2025
Wrongful Death Claims Go Ahead In Social Media MDL
A California federal judge overseeing the multidistrict litigation over claims Facebook and other social media companies purposefully addict minors to their platforms has allowed certain allegations, including negligence and wrongful death claims, to go forward in a final ruling.
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March 03, 2025
Insurer Says It's Off The Hook In Construction Site Injury Suit
State National Insurance Co. urged a Washington federal court on Monday to find it has no duty to defend a construction firm from a negligence claim brought by a worker who was allegedly hit by a falling object while delivering materials to a Seattle job site in 2021.
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March 03, 2025
Insurers Must Proceed With Arbitrating $40M Resort Dispute
A Hawaii federal judge scolded a group of foreign and domestic insurers for ignoring his order to arbitrate a claim for at least $40 million in storm losses at two resorts, saying his ruling "was not advisory."
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March 03, 2025
Insurer Doesn't Owe Spine Surgery Suit Defense, Judge Says
An insurer has no duty to defend or indemnify an orthopedic treatment center or one of its surgeons in a suit over a botched spine surgery, a Georgia federal court ruled Monday, saying the policy bars coverage for claims reported to another insurer before its effective date.
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March 03, 2025
Insurer Seeks Exit After Doctor Rejects Mistaken Surgery Deal
An insurer for a doctor accused of performing the wrong surgery should no longer have a duty to indemnify him after his refusal to ink a settlement, the carrier told a California federal court, noting the doctor's underlying counsel already obtained settlement authority from the insurer.
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March 03, 2025
Globe Life Hit With Class Action Over 2024 Data Breach
Globe Life Inc. was hit with a proposed class action Monday over a 2024 breach that exposed the data of over 850,000 consumers.
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March 03, 2025
Countertop Co. Demands Insurer Cover Over 100 Injury Suits
A distributor of countertops and flooring accused a Liberty Mutual unit in New York federal court of reversing its coverage position on nearly 130 underlying personal injury lawsuits in bad faith, arguing that each underlying plaintiff's alleged injuries should constitute separate occurrences.
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March 03, 2025
$21M Gallagher Data Breach Deal Approved
An Illinois federal judge gave final approval to insurance broker Arthur J. Gallagher & Co.'s $21 million deal resolving lawsuits claiming it failed to protect the personal information of more than 3 million customers from a data breach.
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March 03, 2025
Jet Co. Says Insurer Can't Modify Airport Damage Appraisal
A private jet charter company said a Liberty Mutual unit underpaid its claim for property damage to airport facilities following a March 2023 storm, telling a Kentucky federal court that the insurer is now seeking to unlawfully modify an ongoing appraisal of the claimed loss.
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February 28, 2025
Fenwick Adds Longtime Startup Attorney To Insurtech Group
A new attorney has joined tech and life sciences firm Fenwick & West LLP in its regulatory practice and insurtech group, the firm announced, saying her extensive experience working in insurance with established companies as well as emerging startups will help it provide "comprehensive regulatory services."
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February 28, 2025
Del. Judge Orders Trial On AMC Stock Swap Coverage Fight
A Delaware Superior Court judge ordered a jury trial Friday on an AMC Entertainment Holdings Inc. insurer's claim that it never consented to cover part of a $99.3 million settlement with theater chain stockholders who challenged a preferred share conversion and reverse stock split.
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February 28, 2025
Insurer Settles $6.7M Jet Engine Damage Dispute
An insurer for a subsidiary of aerospace and defense giant RTX Corp. told a Connecticut federal court it has settled its subrogation action against various contractors over more than $6.7 million in coverage the insurer said it paid for a jet engine damaged in a truck crash.
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February 28, 2025
Insurer Gets Partial Early Win In Oil Pollution Coverage Suit
Because of a late notice, an insurer shouldn't have to defend an oil and gas company against litigation claiming it damaged neighboring land after it discharged wastewater, a U.S. magistrate judge recommended to a Texas federal court Friday, but indemnification might still be on table.
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February 28, 2025
Coverage Claims Trimmed For Faulty Non-GMO Grain Silos
A grain storage company's insurer has no duty to cover some damages a grain seller is seeking over its leaky grain bin claims, an Indiana federal judge ruled, though finding the insurer can't yet avoid covering damages directly related to the allegedly faulty harvest itself and certain lost profits.
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February 28, 2025
Insurer Says No Coverage For Lil Baby Video Shooting Suit
An insurer said it has no duty to defend or indemnify a security contractor accused of failing to provide adequate services after a shooting broke out during the filming of a music video for rapper Lil Baby, telling a Georgia federal court a number of exclusions bar coverage.
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February 28, 2025
New Jersey AG Office Tells Court It Wasn't Whistleblowers' Boss
The New Jersey Attorney General's Office told a state judge Friday that it should be removed from a lawsuit accusing the Warren County prosecutor's office of retaliating against two detectives for their part in uncovering an alleged fraud scheme, because the attorney general was never their employer.
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February 28, 2025
Aetna, Optum To Pay $8.3M To End ERISA Fee Suit
Aetna Inc. and OptumHealth Care Solutions LLC will pay $8.3 million to settle 88,000 patients' claims that they were overcharged in a scheme to hide administrative fees as medical expenses, nearly three months after OptumHealth said it was pulling out of the deal.
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February 28, 2025
Liberty Says Travelers Must Cover Builder In NYU Injury Suit
Travelers insurers must provide additional insured coverage to a construction company in an underlying personal injury suit by a New York University engineer, a Liberty Mutual unit told a Connecticut federal court, saying a subcontract agreement required the other carriers to cover the company on a primary and noncontributory basis.
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February 28, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.
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February 27, 2025
4th Circ. Says Trustees Can't Settle Co.'s Suit Against Ex-CEO
Separate bankruptcy trustees for a company and its former CEO have no right to settle the company's fraud claims against the CEO with insurance proceeds from a directors and officers policy, the Fourth Circuit ruled, agreeing with the insurer that only the former CEO himself has consent-to-settle rights.
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February 27, 2025
Judge Limits Atty Expert Witnesses In Legal Malpractice Trial
An Illinois federal judge on Wednesday barred attorneys who aren't expert witnesses from giving testimony about what they would have done differently from Quinn Johnston Henderson & Pretorius Chtd. in an upcoming trial on claims the firm's botched defense caused their client "enormous loss."
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February 27, 2025
Georgia's Outside Funding Regulations Clear State Senate
The Georgia State Senate unanimously advanced new regulations on third-party litigation funding Thursday as Gov. Brian Kemp's marquee tort reform package continues to march largely unimpeded through the state Legislature.
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February 27, 2025
Insurer For Mass. Gaming Board Off Hook For Land Dispute
A Massachusetts state court judge said Landmark American Insurance's duty to defend the state's Gaming Commission in a long-running lawsuit over the site of the Encore Boston Harbor Casino ended nearly three years ago.
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.