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Insurance
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March 31, 2025
Trucking Co. Says Insurers Owe Coverage For BIPA Suit
A trucking company's insurers owe coverage for underlying litigation brought by a former employee who said the company violated his biometric privacy rights by using a hand-scanning timekeeping system that stored his protected personal data, the company told an Illinois federal court.
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March 31, 2025
Insurer Can Limit Rates But Not Counsel In Utility Litigation
A Swiss Re unit can limit the rates it pays to defend utility company Aqua's successor entity in litigation over alleged lead contamination in a Chicago suburb's water supply, a Pennsylvania federal judge has ruled, adding that the insurer cannot make Aqua change its counsel.
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March 31, 2025
Insurer Denies Coverage For Crushing Death, Alleging Lies
A wood company's insurer said it owed nothing in connection with the crushing death of a recycling company worker who was killed by equipment rented from the wood seller, telling a California federal court that its insured misrepresented itself when claiming it didn't lease equipment on its coverage application.
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March 31, 2025
Alcoa Gets Pension Annuity Suit Thrown Out, For Now
A D.C. federal judge agreed to toss a proposed class action from Alcoa retirees who alleged the aluminum manufacturer put their pensions at unnecessary risk by converting their benefits into annuity insurance contracts, backing Alcoa's argument that the retirees lacked standing to sue.
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March 31, 2025
Insurer Must Cover $2.4M Water Damage, Condo Owners Say
A Washington condo association has filed a federal consumer protection complaint against Country Casualty Insurance Co., alleging $2.4 million in unpaid claims for hidden water damage to exterior sheathing and framing the condo association says is covered by its property insurance policy.
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March 31, 2025
Del. Court Says Mattel Sleeper Claims Are One Occurrence
Injury claims against toy-makers Mattel and subsidiary Fisher Price over their Rock n' Play Sleeper products constitute a single occurrence under Mattel's various commercial general liability policies, a Delaware state court ruled, though further finding that individual alleged injuries must still fall under different policy years.
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March 31, 2025
Progressive Says Motorcycles Aren't 'Autos' For Crash Claims
Progressive asked a North Carolina federal court to declare it does not owe bodily injury coverage to a woman who was hurt while riding as a passenger on a motorcycle that went off the road, arguing in its new complaint that the motorcycle is not an "auto" for "auto accident" coverage.
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March 28, 2025
AIG Trade Secrets Row With Insurance Startup Gets Trimmed
A New Jersey federal court narrowed a trade secrets theft suit brought by AIG units against a new insurer founded by former senior executives, calling claims of interference with contract, breach of fiduciary duty and unauthorized access of AIG's computers unsupported Friday.
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March 28, 2025
Water Park Injury Award Coverage Capped At $1M, Court Told
An insurer and underwriter for a water park owner said they are responsible for no more than $1 million of a $9 million judgment entered in favor of a man injured at the park, according to a suit filed in Connecticut federal court.
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March 28, 2025
AIG Unit Wins No-Defense Ruling For NY Ghost Gun Suits
An AIG unit has no duty to defend a Washington-state-based firearms retailer in three underlying lawsuits accusing the retailer of knowingly selling unfinished components that could be used to assemble what are commonly known as ghost guns, a New York federal court ruled, finding the complaints do not allege accidental conduct.
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March 28, 2025
Microcaptive Case Doesn't Curb Tax Collection, 10th Circ. Told
The IRS mischaracterized a lawsuit seeking to set aside guidance requiring additional reporting for microcaptive insurance arrangements, a plumbing supply company and its owners told the Tenth Circuit, saying their suit isn't barred because it doesn't restrain tax collection as the agency claimed.
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March 28, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen sparkling winemaker Nyetimber hit a rival distillery with an intellectual property claim, Newcastle United's former owner Mike Ashley target the club's ex-vice president for damages tied to a fraudulent investment, and a real estate agency file a legal claim against law firm Winston & Strawn LLP. Here, Law360 looks at these and other new claims in the U.K.
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March 28, 2025
LA Zoo Org. Not Covered In City Contract Row, Insurer Says
An insurer has no duty to defend or indemnify the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, the carrier told a California federal court, saying claims arising out of a breach of contract or related to the association's professional services are excluded.
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March 28, 2025
Insurer Denied Early Win In $6.1M Cargo Loss Coverage Suit
A New York federal judge said there was too much controversy to hand an early win to a stone company in its case seeking coverage of a more than $6.1 million loss over marble destroyed by a snail infestation.
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March 28, 2025
NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On
In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.
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March 27, 2025
Diopsys Inks $14M Deal Resolving Vision Testing FCA Claims
Medical device maker Diopsys Inc. has agreed to pay up to $14.25 million to put to rest allegations it violated the False Claims Act by submitting false Medicare and Medicaid claims for certain vision testing services, according to a U.S. Department of Justice announcement Thursday.
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March 27, 2025
Ga. Firm Sues Allstate Over Wrecked Car Fee Coverage
A Georgia law firm hit Allstate Insurance Co. with a proposed class action over allegations that it fails to pay title transfer fees and license registration fees to insureds who incur total loss claims.
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March 27, 2025
Insurer Can't Escape Auto Co.'s $50M COVID Coverage Suit
An insurer can't escape an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19-related losses, a North Carolina federal court ruled, saying the manufacturer sufficiently alleged that its losses are covered under the policy's communicable disease endorsement.
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March 27, 2025
Coverage Row Over OpenText Merger Now Moot, Judge Says
A Michigan federal court tossed on Thursday an insurer's lawsuit seeking a declaration that it had no duty to indemnify a shareholder class action stemming from Covisint's 2017 merger with software company OpenText, finding the dispute is now moot because the insurer's coverage limit has already been exhausted.
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March 27, 2025
NC Biz Court Limits Testimony In Smithfield Coverage Trial
A North Carolina business court judge refused to exclude expert witnesses from either side of an insurance coverage dispute between Smithfield Foods Inc. and a Chubb subsidiary, but did limit their testimony for the firms' upcoming April trial on how much the insurer owes for breaching its duty to defend.
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March 27, 2025
Elevance Fails To Pay Wages At Termination, Worker Says
Elevance Health failed to pay workers their final wages on the business day following their terminations in violation of Connecticut law, and now owes them twice the amount of those wages, according to a proposed class action filed in state court.
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March 27, 2025
Panera Franchisee Blames Insurer For Slip-And-Fall Payout
A Massachusetts Panera franchisee said Travelers and its counsel botched a minor slip-and-fall claim, eventually leaving it on the hook for its full $250,000 deductible to cover an "inflated" settlement and legal fees in the case.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Ill. Justices Hold WestRock Unit To $5M Superfund Coverage
The Illinois Supreme Court won't hear a WestRock Co. subsidiary's petition for review of an appeals decision affirming that one of its insurers had no duty to cover environmental cleanup costs at a now-shuttered paper mill while another insurer already paid its applicable coverage limit.
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March 26, 2025
Honigman Gains New Insurance Recovery Partner In Chicago
Business law firm Honigman LLP announced Wednesday the addition of a policyholder-side insurance and reinsurance recovery litigation partner, who left Reed Smith to join its Chicago office.
Expert Analysis
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Ch. 11 Ruling Confirms Insurer Standing Requirements
A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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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.