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Insurance
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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.
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February 05, 2025
Dickinson Wright Continues IP Growth With Chicago Hire
Dickinson Wright PLLC said Wednesday that it had hired a named member of the small Illinois intellectual property firm formerly known as Bishop Diehl & Lee Ltd., marking the latest of the firm's many recent investments into the practice.
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February 05, 2025
Trade Groups Urge PBM Crackdown By Trump, Congress
A coalition of industry trade groups sent letters Wednesday urging President Donald Trump and leaders in Congress to advance legislation reining in pharmacy benefit managers — which intermediate between drugmakers, insurers and pharmacies — in the next piece of federal government funding legislation.
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February 05, 2025
Ga. Judge Balks At Zurich's Claim Of Surprise Testimony
A Georgia federal judge has rejected Zurich American Insurance's bid to strike supposed surprise testimony from a recent trial where it lost $12.2 million over a disputed rain damage claim from a solar farm, ruling Wednesday that the real surprise was Zurich's belated and meritless objections.
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February 05, 2025
6th Circ. Won't Revisit Home Depot Data Breach Coverage Suit
The Sixth Circuit refused Wednesday to review its January finding that an electronic data exclusion in Home Depot's commercial general liability policies barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.
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February 05, 2025
Del. Justices Undo Insurance Cap Ruling In Alexion Suit
Delaware's top court has reversed a Superior Court ruling that upheld Alexion Pharmaceuticals' claim to coverage under a $105 million "tower" of insurance for potential stockholder claims in a suit accusing the company of propping up share prices with misleading information.
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February 05, 2025
Insurers Sued Over $8M In Water Damage At Wash. Condos
Farmers and Western National have allegedly breached their property insurance policies by refusing to cover nearly $8 million in hidden water damage at two Seattle-area condominium complexes, according to separate complaints filed by the condo owners associations.
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February 05, 2025
Apply Presuit Notice Law Retroactively, Insurer Tells Fla. Court
Universal Property and Casualty Insurance Co. on Wednesday urged the Florida Supreme Court to reverse a decision declining to apply a state law requiring presuit notice against a property insurance carrier to a policy purchased before the law's effective date.
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February 05, 2025
Barnes & Thornburg's Immunity Challenged At Ga. High Court
An ex-Barnes & Thornburg LLP client suing a now-retired attorney with the firm over his alleged "split loyalties" in an insurance dispute urged the Georgia Supreme Court on Wednesday to revise its standard for when lawyers can be shielded from legal malpractice claims, arguing two lower courts wrongly killed her suit before trial.
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February 05, 2025
Berger Singerman Aims To Sink Hurricane Malpractice Suit
Berger Singerman LLP and one of its attorneys are hoping to escape a malpractice lawsuit related to hurricane damages brought by former client ARC Resorts LLC, saying its decision to list only the name of a property on particular notices was tactical and not negligent.
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February 05, 2025
Calif. Panel Revives Malpractice Suit Against Insurer Attys
A California state appeals court revived an Allstate policyholder's legal malpractice suit against his insurer-appointed attorney, saying the policyholder sufficiently alleged the attorney's drafting of an underlying settlement in a wrongful death suit caused him damages.
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February 04, 2025
4th Circ. Reverses Disability Suit Win For Cox Enterprises
The Fourth Circuit reversed a win for Cox Enterprises Inc. on Tuesday in an ex-worker's federal benefits lawsuit alleging he was wrongly denied long-term disability benefits, citing a failure by the plan's administrator to discuss conflicting evidence regarding the ex-worker's capability to return to work.
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February 04, 2025
Lindberg Fights NC Charging Order Against His Florida Co.
Convicted mogul Greg Lindberg has told the North Carolina state appeals court that an insurer he's accused of defrauding can't collect a $524 million judgment against him by going after his out-of-state holding company, arguing that the trial court has no power over him or his business in Florida.
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February 04, 2025
Fidelity National Urges Del. Toss Of Weak F&G Deal 'Gripe'
An attorney for Fidelity National Financial Inc. told a Delaware vice chancellor Tuesday that stockholders failed to do more than "fundamentally gripe" about terms of a $250 million investment in spun-off F&G Annuities & Life Inc. when the shareholders sued for breaches of fiduciary duty last year.
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February 04, 2025
Funeral Home BIPA Violations Not Covered, Insurer Says
An insurer told an Illinois federal court to dismiss a suit seeking $10 million in coverage for underlying litigation from a funeral home it insured, arguing that claims in a proposed class action by family members of decedents against the facility were all for noncovered biometric privacy violations.
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February 04, 2025
'Sloppy' Work Hurts Lab's $20.6M Insurance Suit, Judge Says
A Connecticut federal judge said Tuesday that a contract lawsuit against insurer Aetna Inc. and its owner CVS Health Corp., seeking about $20.6 million in payment for laboratory services, seems to "suffer" from the fact that the plaintiff filed dozens of similar cases in short order.
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February 04, 2025
Conn. Atty Sues Client, Lawyer Over State Farm Settlement
A small Connecticut personal injury firm has sued a Bloomfield personal injury attorney and a former client in state court for breach of contract and unjust enrichment, accusing them of failing to hand over a one-third fee from a $35,000 State Farm insurance settlement.
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February 04, 2025
Insurer Points To Limits In McDonald's Franchisees' Policies
An insurer told a Washington federal court that it owes limited coverage to two McDonald's franchisees it insures in suits accusing them of illegally withholding specific pay figures in job postings.
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February 04, 2025
Meta Attacks Insurers' Bid To Remand Social Media MDL Row
Meta asked a Delaware federal court to postpone ruling on its insurers' request to remand a dispute over coverage for thousands of suits alleging harm from the company's social media platforms, saying the action will likely soon be transferred to multidistrict litigation in California alongside the underlying claims.
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February 04, 2025
Calif. Insurer Can't Get Tax Refund On In-State Shipments
A California insurance company can't get a refund of sales taxes paid when it placed orders with three vendors located out of state that the vendors fulfilled with shipments from within the state, the California Office of Tax Appeals ruled.
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February 03, 2025
Del. Justices Agree Conduent Fraud Verdict Wasn't Proper
Delaware's Supreme Court on Monday affirmed a Superior Court judge's ruling setting aside a jury verdict that Delaware-chartered Conduent State Healthcare LLC tried to defraud insurers after paying a $236 million Medicaid settlement in Texas.
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February 03, 2025
Co.'s Coverage Suit Over $1.9M Email Spoof Scheme Tossed
An Alaska federal court on Monday officially dismissed a construction company's lawsuit accusing Travelers of a bad faith refusal to provide directors and officers coverage for a $1.9 million email spoofing scheme, days after the construction company filed a voluntary motion to dismiss with prejudice.
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February 03, 2025
Uber 'Not An Insurer,' Cut Loose From Driver Assault Suit
A Pennsylvania federal judge on Monday tossed a suit seeking to hold Uber liable for a driver's assault of a passenger at a Philadelphia airport, saying the ride-hailing company is "not an insurer" and "is not automatically liable" when a driver commits an assault.
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February 03, 2025
QBE Insurance, Walmart Cite Pending Opioid Appeal In Ark.
Walmart Corp. and a fleet of insurers notified Delaware's Supreme Court Monday that they are awaiting an Arkansas Court of Appeals hearing on challenges to a lower court's finding that Walmart is entitled to excess coverage for state and local government insurance suits arising from the opioid epidemic.
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February 03, 2025
NC Justices Urged To Reject Appeal Over Rate Hike Approvals
North Carolina's insurance commissioner urged the state's highest court to reject a policyholder's appeal challenging a series of insurer rate hike approvals in court, saying an appeals panel correctly found that the policyholder failed to support his claims that intervening in the preceding approval process was impossible.
Expert Analysis
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Best Practices To Optimize Cybersecurity Insurance
As cyberthreats continue to evolve, the risks associated with third-party vendor breaches are an increasing concern, so businesses must not only reevaluate their internal cybersecurity insurance, but also take proactive steps to evaluate and manage the risks posed by their third-party relationships, say attorneys at Reed Smith.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.