Specialty Lines
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September 18, 2025
Fire Risk Modelers See Promise In Advancing Calif. Bill
A recently approved California bill supporting the development of a public fire risk model could help boost transparency around methods insurers use to make coverage decisions, while advancing a complicated field of study full of uncertainties, experts say.
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September 18, 2025
Homeowner Policies At Center Of Ga. Insurance Changes
As the Georgia House of Representatives continues to study the state's insurance rate-setting practices, profit margins and claims processing, insurance attorneys in the state evaluate the areas in which homeowners should be watching closely, including cosmetic exclusion triggers, third-party adjusters and the changes to come under April's tort reform legislation.
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September 18, 2025
Petrol Co. Seeks Early Win In Benzene Injury Coverage Suit
Three insurers have continued to renege on their duty to defend an underlying lawsuit seeking to hold a New York-based petroleum company liable for a man's multiple myeloma diagnosis, the company told a state court, saying they've already acknowledged that such a duty exists.
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September 18, 2025
Insurance Litigation Week In Review
A Delaware state court found that Frontier Communications was entitled to a defense against copyright infringement claims, a split Ninth Circuit panel backed certification denial for a proposed class of Progressive policyholders, and the Second Circuit heard arguments in a firearms retailer's bid for coverage of ghost gun suits. Here, Law360 takes a look at the past week's top insurance news.
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September 17, 2025
Frontier Copyright Row Triggered Duty To Defend, Court Says
Insurers for Frontier Communications had a duty to defend the telecommunications company against copyright infringement claims that were ultimately settled, a Delaware state court ruled in a recently unsealed opinion, analyzing a deliberate acts exclusion and the timeliness of Frontier's claim notice.
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September 17, 2025
Chubb Unit Wants Data, Cyber Cos. To Pay Ransomware Cost
A Chubb insurance unit has claimed a data management company and a cybersecurity firm failed to prevent or mitigate a ransomware attack on one of its policyholders, leading to the insurer being on the hook for more than $500,000 in damages, according to a lawsuit filed in New Jersey federal court.
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September 18, 2025
2nd Circ. Wary Of Retailer's Bid For Ghost Gun Suit Coverage
The Second Circuit seemed skeptical of a Texas-based firearms retailer's argument that it is owed coverage for suits alleging it contributed to gun violence by selling unfinished components used to assemble what are known as ghost guns, grilling the retailer Wednesday for specific allegations of negligence that would trigger coverage.
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September 17, 2025
No Response From Insurers To Coverage Requests, Co. Says
A Seattle-based marine logistics company told a Washington federal court that a trio of marine insurers failed to issue a coverage opinion before it ultimately settled an arbitration earlier this year involving an $18.6 million counterclaim over vessel damage, adding that the insurers conducted no investigation, either.
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September 16, 2025
Travelers Must Cover Scholastic's IP Suit Costs, Not Damages
A Manhattan federal judge has ruled that a Travelers unit must cover Scholastic Inc. for costs incurred in its defense and settlement of a trademark and copyright infringement suit, but not pay consequential damages Scholastic had sought.
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September 12, 2025
Conn. Supreme Court Snapshot: Amazon Wages Top Sept.
A wage and hour dispute between Amazon and its Connecticut warehouse workers is the top corporate dispute on the Connecticut Supreme Court's September docket after the justices agreed to answer a certified question over whether state law requires the retailer to pay employees undergoing security screenings.
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September 11, 2025
Environmental Deregulation Fuels Insurance Uncertainties
President Donald Trump's policy agenda of dismantling environmental regulations has created more uncertainty in the insurance world, where the benefit from decreased government enforcement may be undercut by shifting litigation risks, new legal theories and potential lingering exposures, insurance attorneys said.
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September 11, 2025
OpenAI Death Suit Heightens AI Insurance Concerns
A wrongful death lawsuit filed against OpenAI and its CEO has insurance experts evaluating what potential carrier involvement may look like, bolstering concerns over whether creators of artificial intelligence platforms have proper coverage and whether carriers could be on the hook for potentially large losses.
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September 11, 2025
Lloyd's Fossil Fuel Reversal Strikes Experts As Political
Lloyd's of London's recent move to relax coverage restrictions for certain fossil fuel businesses reflects a more permissive political climate for polluting industries, experts said, while advocates for sustainable investment called it bad business.
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September 11, 2025
Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal
Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused as students, alleging the deal was "tainted by collusion" and well outside the bounds of their respective policies.
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September 11, 2025
Insurance Litigation Week In Review
A New York federal court analyzed policy limits and retentions over abuse claims against the Archdiocese of New York, the First Circuit ordered an insurer to defend a class action over allegedly faulty heating oil, and insurers notified the Fifth Circuit of a potential settlement in their hurricane arbitration appeal.
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September 11, 2025
5th Circ. Won't Revisit Doctor's Captive Insurance Case
The Fifth Circuit rejected a Texas doctor's request for the full court to review a panel's July decision that he was not entitled to $1 million in tax deductions linked to his urgent care network's captive insurance company.
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September 10, 2025
Liberty Says Subcontractor's Insurer Must Defend Injury Row
A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.
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September 10, 2025
$5.9M Fidelity National Data Breach Settlement Gets Final OK
A Florida federal court officially signed off on a $5.9 million settlement of a proposed class action against title insurer Fidelity National Financial over a November 2023 data breach that allegedly impacted roughly 1.3 million individuals, noting the court was notified of a settlement just seven months after the litigation commenced.
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September 10, 2025
McCarter & English Atty Admitted Breaches, Insurers Claim
Two insurance companies have asked a Connecticut Superior Court judge's permission to file a late request for a quick win on two breach of contract claims against McCarter & English LLP and one of its attorneys, saying the lawyer's deposition left no facts in dispute on those specific counts.
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September 08, 2025
Court Tosses Benefits Co.'s Atty Fee Claim Against Insurer
An Illinois federal court on Monday threw out a benefits administration company's counterclaim for attorney fees under a state statute relating to "vexatious and unreasonable" conduct by insurers, finding that the company failed to support its claims that an insurer engaged in such conduct with sufficient facts.
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September 04, 2025
Progressive Class Cert. Reversals Point To Claim Individuality
Progressive Insurance secured another class certification reversal in a lawsuit over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, and one of the carrier's attorneys praised the Fourth Circuit for finding that the issues at hand are individualistic in nature. King & Spalding LLP's Jeffrey Cashdan spoke to Law360 about that victory and two others for the carrier in the circuit courts.
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September 04, 2025
Cyber Claims May Hide AI-Related Risks, Insurer Atty Warns
Insurers long concerned about the risks posed by artificial intelligence tools that their companies and vendors are using may find a limited window into the scope of that threat in the current claims environment. TittmannWeix partner Judith Selby, who represents insurers on cybersecurity risk and tech errors and omissions policies, spoke to Law360 about AI claims.
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September 04, 2025
Life Insurer Accused Of Policy Rescission Scheme
A life insurer violated Arkansas law by broadly denying policy benefits to residents for reasons causally unrelated to a given policy owner's death, a woman told a federal court, saying the state Legislature expressly prohibited such conduct more than 10 years ago.
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September 04, 2025
Insurance Litigation Week In Review
The Delaware Supreme Court refused to take up a midcase appeal in Mattel's suit over coverage for unsafe sleeper claims, the Eighth Circuit affirmed an apartment complex's $27 million award against Travelers and the Fifth Circuit heard arguments over a group of domestic insurers' bid to arbitrate hurricane damage claims. Here, Law360 takes a look at the past week's top insurance news.
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September 04, 2025
Chinese Insurers Leading Race To Cover Renewable Energy
The global renewable insurance market grew from $5.65 billion in 2020 to $8 billion in 2024, with insurers from China underwriting most premiums in recent years, analysis from a campaign group shows.
Expert Analysis
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis
In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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5 Argument Techniques For Policyholder Advocates
Winning insurance coverage disputes often comes down to who has articulated the more compelling interpretation of the relevant policy language, which is why the best policyholder advocates come back to certain tried and true argument approaches, says Greg Van Houten at Haynes Boone.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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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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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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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.