Specialty Lines
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July 25, 2025
Nationwide Urges Mich. Justices To Let Unitary Tax Win Stand
Entities of Nationwide urged the Michigan Supreme Court to reject the state tax agency's arguments that the insurance company's affiliates are required to file taxes as separate entities instead of as a unitary group that can share credits among its members.
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July 25, 2025
US Says Insurer Must Pay $5M Following Project Delays
The U.S. government told a Virginia federal court that a Liberty Mutual unit owes an electrical subcontractor more than $5 million following delays for a school construction project at a Marine Corps base in Quantico, Virginia.
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July 24, 2025
Renewed Bid For National Reinsurer May Not Rein In Costs
A revamped legislative proposal to create a national reinsurer would significantly change the federal government's role in insurance markets, but experts say it's not clear that the program would effectively address insurance cost and availability issues.
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July 24, 2025
Lincoln National Beats Investor Suit Over $2.6B Loss, For Now
A Pennsylvania federal judge on Thursday tossed with leave to amend a proposed securities class action alleging that Lincoln National Corp. misled investors about its financial health before reporting a $2.6 billion net loss in 2022, finding that the investors didn't specify when Lincoln National had access to certain data and studies.
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July 24, 2025
Evolving California Wiretapping Law Challenges Policyholders
The evolution of a California privacy law has generated extensive litigation around the use of personal data in commonplace or widespread web activity and has challenged policyholders, according to Amy Mushahwar, chair of Lowenstein Sandler's data, privacy and cybersecurity practice. She spoke to Law360 about the implications of the California Invasion of Privacy Act's new relevance in the digital age.
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July 24, 2025
Silica Injury Claims Reemerge As Pollutant Trend To Watch
In what is considered by some as “the next asbestos,” lawsuits alleging injury due to silica exposure are ramping up and the way in which they unfold may bring coverage questions under commercial general liability policies center stage, policyholder attorney Jeff Kiburtz of Pillsbury Winthrop Shaw Pittman LLP told Law360. Here, he shares his optimism for policyholders' success in litigating these claims and why he believes this topic is one to watch in the CGL industry.
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July 24, 2025
Insurance Litigation Week In Review
The Second Circuit ruled that a former New York state official is immune from the National Rifle Association's First Amendment suit, the Eighth Circuit said a Minnesota bar isn't entitled to nearly $2 million for an arson, and the Eleventh Circuit affirmed a Georgia church's $1.75 million coverage win. Here, Law360 takes a look at the past week's top insurance news.
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July 23, 2025
Insurer Says No Coverage For Poor Financial Advice Claims
An insurer for a wealth management firm told a Tennessee federal court it should owe no coverage over two couples' arbitration petitions claiming that its CEO's advice to switch life insurers caused the couples to lose roughly $6.85 million, all while the executive allegedly profited from commissions.
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July 22, 2025
Phone Co.'s Stockholder Disputes Not Covered, Insurers Say
A former smartphone developer's insurers told a New York federal court they owe no coverage for a suit seeking access to the company's books and records and a stockholder derivative action accusing the CEO of misusing company funds while the board of directors failed to provide oversight.
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July 22, 2025
Insurer Denied Quick Win In Staffing Co. Injury Coverage Row
A Massachusetts federal court refused to rule that an insurer has no duty to defend or indemnify a staffing agency and its produce distributor client in an underlying worker injury suit, saying a genuine dispute of material fact exists over whether the worker qualifies as an "employee" under the policies.
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July 21, 2025
Baldoni's Insurer Says No Coverage For Lively Suit
An insurer for Justin Baldoni told a New York federal court Monday it owes no coverage to the "It Ends With Us" lead and director, his production company and other officers for co-star Blake Lively's lawsuit accusing Baldoni of sexual harassment, arguing the insureds failed to give proper claim notice.
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July 21, 2025
Travelers Unit, NC Door Maker Settle Excess Insurance Fight
A Travelers unit has resolved a North Carolina door manufacturer's lawsuit seeking $10 million in excess coverage from the insurer to help cover a $39.5 million securities class action settlement, court records show.
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July 21, 2025
Hartford Unit Must Cover Drug Test Co. In False Results Suit
A Hartford unit must cover a drug testing company in a suit over false positive tests, a Virginia federal court ruled, finding that the suit was not related to a prior proposed class action filed during another insurer's coverage period.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 17, 2025
Top Legal Developments That Could Impact LA Fire Aftermath
While the full consequences of a series of devastating wildfires that struck Los Angeles in January are still becoming clear, insurance experts and attorneys have pointed to a series of lawsuits and decisions as having important implications for the city's recovery.
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July 17, 2025
Insurance Litigation Week In Review
Florida's insurer of last resort was hit with a lawsuit over its use of arbitration, an insurer sought to limit its coverage exposure for 175 silica injury lawsuits to a single policy and the Ninth Circuit issued a no-coverage ruling concerning a $58.5 million judgment over mishandled bodily remains. Here, Law360 takes a look at the past week's top insurance news.
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July 17, 2025
Insurer Says Pollution Exclusion Applies To Asbestos Suits
A Berkshire Hathaway unit said it doesn't owe coverage to a paint and drywall product manufacturer in a number of asbestos exposure suits, telling a Texas federal court Thursday that coverage is barred by a pollution exclusion in its umbrella and excess policies.
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July 17, 2025
Mass Deportations Could Raise Insurance Costs, Profs Say
The Trump administration's mass deportation program could increase costs for insurance carriers and homeowners by reducing the number of undocumented immigrants so critical to the construction industry, business and insurance professors say.
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July 17, 2025
Oil Cos. Not Covered In Gas Exposure Suit, Markel Unit Says
A Markel unit has no duty to defend or indemnify oil and gas companies in a suit over a worker's exposure to toxic hydrogen sulfide gas, it told a Texas federal court, saying the underlying suit did not allege an occurrence.
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July 17, 2025
5th Circ. Affirms Nix Of Doctor's Captive Insurance Deductions
The owner of a Texas urgent care network is not entitled to $1 million in tax deductions for insurance premiums he paid to inside companies, the Fifth Circuit ruled, affirming the U.S. Tax Court's decision that the payments were not actually for insurance.
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July 16, 2025
Bojangles Insurer Must Cover Settled Rape Suit, Court Rules
A Bojangles franchisee's insurer had a duty to cover it in a now-settled civil lawsuit alleging that a manager at one of the franchisee's locations raped an employee who was a minor, a Georgia federal court ruled Wednesday, finding that one of two coverage forms at issue was triggered.
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July 15, 2025
Medicaid Cuts Pose 'Frontal Assault,' Penn Law Prof Says
Allison K. Hoffman, a health insurance regulation expert at the University of Pennsylvania Carey Law School, talks about the wide-ranging impacts of the cuts coming to Medicaid funding.
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July 15, 2025
These Firms Worked On The Top First-Half Real Estate Deals
A&O Shearman and Stibbe are among the more than 20 law firms that scored work on the 10 largest global real estate mergers and acquisitions of the first half, a period that saw three transactions above $4 billion.
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July 14, 2025
Insurer Seeks $1M Coverage Cap Over 175 Silica Suits
An insurer for a manufacturer of countertops told a New York federal court that only one primary environmental liability policy it issued applies to roughly 175 lawsuits seeking damages for exposure to silica, pointing to "deemer provisions" relating to coverage for "progressive or indivisible" bodily injury.
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July 11, 2025
7th Circ. Affirms End To Vandalism Dispute Over Key Records
The Seventh Circuit upheld discovery sanctions against an Indianapolis hotel owner after an Indiana federal court found it repeatedly failed to hand over records relating to whether the property was deemed "vacant" per the terms of its property insurance policy with a Liberty Mutual unit.
Expert Analysis
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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Putting NYDFS AI Cybersecurity Guidance Into Practice
New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.
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Recent Developments In Insurance Coverage For FCA Claims
As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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NC Ruling Takes Practical Approach To Duty-To-Defend Costs
In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.
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A Look At Insurance Coverage For Government Investigations
Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Insurance Considerations For Cos. That May Face Strikes
The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.