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Insurance
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January 31, 2025
LA Fire Claims Tracker Reports More Than $4.2B In Payments
More than $4.2 billion in claims has been paid in connection with the devastating Eaton and Pacific Palisades fires in Los Angeles County that erupted in early January, according to data from a California Department of Insurance tracker.
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January 31, 2025
Insurer Says $30M Suit Over Child's Murder Not Covered
An insurer told a Tennessee federal court Friday that due to an assault and battery exclusion, a property management company had no coverage for an underlying $30 million wrongful death suit brought after a boy was fatally shot at one of the company's facilities.
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January 31, 2025
Out-Of-State Broker Must Face Texas Suit Over $25M Scheme
A Texas appeals court found an insurance broker can't escape a lawsuit alleging it conspired with a Texas law firm to defraud a couple using a $25 million scheme, saying in a Thursday opinion that obtaining a Texas license subjects the company to Texas law.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
Judge Blocks Symetra Life Policyholders' $32.5M Deal
A Washington federal court rejected a $32.5 million settlement bid brought by a proposed class of Symetra life insurance policyholders who accused the life insurer of using undisclosed nonmortality factors to overcharge monthly rates, noting the proposed settlement notice leaves information on the class counsel's cost reimbursement blank.
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January 31, 2025
Judge Grants Fraud Retrial After Witness 'Forgot to Shut Up'
A Florida federal judge ordered a new trial in an insurance fraud case against the former medical director of a West Palm Beach sober living home, saying his 2022 conviction was tainted when the government's star witness "forgot to shut up" during testimony plagued with lies.
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January 31, 2025
Chiropractors Can Testify On Injury Cause, Mich. Panel Says
Michigan law does not bar chiropractors from testifying about how injuries could be connected to car crashes if the issues fall within the scope of their expertise, a Michigan appellate panel said in reviving a physical therapy clinic's quest to recover no-fault benefits for treatment provided to a crash victim.
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February 10, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen another claim by Woodford investors against Hargreaves Lansdown in the widening £200 million ($248 million) dispute over the fund's collapse, a solicitor barred for his role in a suspected advance fee fraud face action by a Swiss wholesaler, and The Resort Group, which markets investments in luxury hotel resorts, hit with a claim by a group of investors. Here, Law360 looks at these and other new claims in the U.K.
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January 31, 2025
Squire Patton, Willkie Farr Guide $1.3B Allstate Unit Deal
Squire Patton Boggs LLP-advised Nationwide has agreed to buy Group Health from Willkie Farr & Gallagher LLP-led Allstate Corp. for $1.25 billion in cash.
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January 30, 2025
Ex-Doc Wants Insurer's Defense Against Sex Misconduct Suits
A former Ohio doctor facing civil suits after being indicted for sexual misconduct including rape during medical exams told an Ohio federal court that his insurer can't cancel his coverage and must keep defending him regardless of prior alleged misconduct, because he wasn't required to report it.
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January 30, 2025
Insurer Says It Owes No Coverage For Boys Home Abuse
An insurer told a Washington federal judge Thursday that it should be off the hook for coverage in an underlying case involving sexual abuse claims at home for boys because the alleged harm occurred years before the first policy was issued to the group home operator.
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January 30, 2025
Symetra To Pay $2M To End Structured Settlement Suit
Insurance conglomerate Symetra has agreed to pay more than $2.1 million to settle a proposed class action in Washington federal court accusing two Symetra entities of luring roughly 2,000 recipients of personal injury settlements into selling their future stream of payments for a heavily discounted lump sum.
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January 30, 2025
Ga. Businesses 'Over The Moon' With Tort Reform Proposals
Georgia Gov. Brian Kemp unveiled a long-awaited tort reform package Thursday that, if passed, would limit businesses' premises liability, limit plaintiffs' attorneys' rhetoric around damages and require increased disclosures for third-party litigation funding, among a slew of other proposals.
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January 30, 2025
SEC Eyes Pretrial Win On $57M Fraud After Lindberg Plea Deal
The U.S. Securities and Exchange Commission asked a North Carolina federal judge to give it a pretrial win on its fraud claims against convicted former insurance mogul Greg Lindberg and his investment adviser firm, arguing multiple convictions in parallel criminal cases against Lindberg and others are a "straightforward" indicator of his liability.
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January 30, 2025
Split 5th Circ. Clears Insurers In $2.7M Flood Row
A split Fifth Circuit panel upheld a ruling finding that a general contractor and others cannot recover $2.7 million from insurers for water damage, because the flood deductible in the applicable builder's risk policy exceeded the claimed losses.
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January 30, 2025
Crypto Cos. Seek $6.3M From Travelers Over Building Fire
A pair of cryptocurrency mining companies accused two Travelers units of exacerbating their fire loss, telling a Michigan federal court that they negligently allowed individuals to steal their mining machines and hired a debris removal contractor that caused the property to collapse, seeking more than $6.3 million in damages.
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January 30, 2025
Judge Stays NY Diocese Abuse Suits, Citing 2nd Circ. Ruling
A New York bankruptcy judge on Thursday agreed to stay sexual abuse claims filed under the state's Child Victims Act against the Roman Catholic Diocese of Rochester, deciding that a Second Circuit ruling in 2022 makes clear that legal actions naming debtors as defendants are barred by bankruptcy's automatic stay.
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January 30, 2025
Mass. High Court Backs Insurers' Lost Resale Value Exclusion
Language in Massachusetts auto insurance policies limiting coverage to "tangible losses" lets MAPFRE Insurance subsidiary Commerce and other companies off the hook for claims based on lost resale value after an accident, the state's highest court said on Thursday.
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January 29, 2025
Allstate Says Houston Referral Site Ran Kickback Scheme
Allstate Insurance told a Texas federal court that a group of clinics ran a kickback scheme with a medical referral website, saying in a Wednesday complaint the website funneled car crash victims to clinics that overcharged in exchange for payouts.
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January 29, 2025
Senate Banking Committee Forms NFIP Working Group
With the National Flood Insurance Program's authorization set to expire in March, the U.S. Senate Committee on Banking has formed a working group to reform the program and work toward long-term reauthorization, a press release from committee chairman and South Carolina Republican Sen. Tim Scott said.
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January 29, 2025
Lab Co-Owner Gets 9 Years For $369M COVID Testing Scheme
The co-owner of a California medical laboratory was sentenced to nine years in prison after being accused of conspiring to defraud Medicare and private insurers out of $369 million by submitting claims for medically unnecessary tests during the COVID-19 pandemic emergency.
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January 29, 2025
Lloyd's Can't Yet Arbitrate $5M Settlement Coverage Dispute
A New Jersey federal court rejected a bid Wednesday from certain Lloyd's of London underwriters to arbitrate a man's demand that they cover a $5 million settlement he won against a police department they insured, though it stopped short of saying whether the parties must actually go to arbitration.
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January 29, 2025
Fla. Judge OKs Settlement In Energy Drink Co. Bankruptcy
A Florida federal bankruptcy judge on Wednesday approved a $3 million settlement in the bankruptcy case of Vital Pharmaceuticals Inc., the company that produces Bang Energy drinks, but declined to seal an agreement with an insurer over the costs of litigation in a Monster Energy Co. lawsuit.
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January 29, 2025
NY Archdiocese Wants Abuse Coverage Row Segmented
The Archdiocese of New York urged a New York state court to analyze coverage in phases for over 1,300 sex abuse lawsuits it and its affiliated entities face, arguing that because the "vast majority" of the underlying lawsuits are still being litigated, assessing coverage prematurely could be "highly prejudicial."
Expert Analysis
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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.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Surprise NC COVID Ruling Revises Reasonable Expectations
The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.