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January 20, 2026
NEW ORLEANS — In its opening brief in the Fifth Circuit U.S. Court of Appeals, a homebuilder argues that a federal judge in Texas was wrong to grant summary judgment in favor of the builder’s commercial liability insurer in its suit seeking indemnification for an arbitration award for damages caused by construction defects in a home it built; it argues that the lower court abused its discretion in finding that no coverage existed under the policy.
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January 20, 2026
DENVER — A property insurer breached its contract and acted in bad faith by relying on its policy’s pollution exclusion to deny a portion of an insured’s claim for damages caused by the release of asbestos during a fire in a nearby condominium unit, an insured maintains in a lawsuit filed in Colorado federal court.
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January 16, 2026
SEATTLE — A group of homeowners filed a petition for rehearing and rehearing en banc on Jan. 15 in the Ninth Circuit U.S. Court of Appeals, arguing that a Ninth Circuit panel broke with precedent in finding that coverage for a development company from claims of faulty work brought by the homeowners is barred by a policy exclusion related to the construction of tract housing.
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January 15, 2026
SAN FRANCISCO — Arguing that the trial court made errors on de novo review including “expansively applying a pre-existing condition exclusion to bar coverage for a disability caused by post-coverage traumatic injuries” and “disregarding uncontroverted medical evidence,” an appellant claimant filed a Jan. 14 brief urging the Ninth Circuit U.S. Court of Appeals to reverse an order that upheld denial of her claim for long-term disability (LTD) benefits.
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January 15, 2026
OKLAHOMA CITY — In a reply brief filed Jan. 14, a subcontractor argued that a federal judge in Oklahoma should reconsider granting a motion to limit asserted damages filed by a sub-subcontractor and its insurer in a third-party complaint brought by the subcontractor in a construction defects case; the subcontractor argued that it should not be judicially estopped from seeking recovery from the sub-subcontractor or its insurer.
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January 15, 2026
LOS ANGELES — A pair of property insurance policyholders sued the California FAIR Plan Association in state court, alleging that the association breached statutory coverage requirements and engaged in bad faith claims handling by relying on policy provisions that impermissibly restricted coverage for wildfire smoke contamination and loss-of-use claims stemming from the January 2025 Los Angeles wildfires.
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January 15, 2026
BROOKLYN, N.Y. — The defendants in a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit filed a letter in a New York federal court urging denial of a reinsurer and a management general agency’s oral request to amend their first amended complaint (FAC) and dismissal of the case with prejudice, arguing that incurable RICO standing defects would remain and that the proposed amendment was sought in bad faith after plaintiffs advanced contradictory arguments.
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January 14, 2026
TRENTON, N.J. — The parties in a dispute between insurers and reinsurers over indemnification for asbestos bodily injury claims moved to seal confidential information as part of their cross-motions for summary judgment in a New Jersey federal court, stating that the filings contain nonpublic, competitively sensitive business information and that disclosure would cause competitive harm.
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January 14, 2026
NEW YORK — Justin Baldoni, Wayfarer Studios LLC, It Ends With Us Movie LLC and its movie studio officers asked a New York federal court to disregard their management liability insurer’s letter motion to file a sur-reply to their reply in support of their motion to dismiss the insurer’s lawsuit seeking a declaration that it has no duty to provide coverage for Blake Lively’s sexual harassment, hostile work environment and retaliation action.
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January 13, 2026
NEW YORK — An intergovernmental risk pool told a New York federal court that a reinsurer baselessly alleged that it was dissolved without notice when the reinsurer urged the court to rule on pending cross-petitions in an arbitration awards dispute involving attorney fees and whether there was a probability or a possibility of an excess judgment in an underlying case.
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January 13, 2026
LOS ANGELES — A contractor and a subcontractor separately appealed judgment against them to the Ninth Circuit U.S. Court of Appeals after a federal judge in California found that an insurer did not owe a duty to defend or indemnify the subcontractor in an underlying suit brought by the contractor to recover costs and expenses incurred in the inspection and remediation of nonconforming installations of power pole anchors and guy wires by the subcontractor.
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January 12, 2026
ATLANTA — A condominium association on Jan. 11 voluntarily dismissed its appeal to the 11th Circuit U.S. Court of Appeals of a Florida judge’s order granting summary judgment to an insurer sued by a condominium association, an assignee for an insured general contractor, to collect funds agreed to under a Coblentz settlement in an underlying suit stemming from defects in the construction of a condominium building, as well as the judge’s order denying the condominium association’s motion for reconsideration.
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January 08, 2026
ALBANY, Ga. — Stating “that all claims are resolved,” a life insurer filed a stipulation of dismissal with prejudice in a Georgia federal court in a breach of contract and bad faith suit against it by the beneficiary of a $70,000 life insurance policy.
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January 08, 2026
DALLAS — A tax firm moved for summary judgment in a Texas federal court in its challenge to an Internal Revenue Service final rule on microcaptive insurance arrangements, arguing that the agency acted arbitrarily and capriciously by imposing reporting requirements without identifying facts or data showing that microcaptive transactions can potentially be done for tax avoidance or evasion.
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January 08, 2026
LOS ANGELES — A pair of property insurance policyholders sued the California FAIR Plan Association in state court alleging that the state’s “insurer of last resort”engaged in bad faith insurance practices and breach of contract by relying on unlawful policy provisions to deny or underpay wildfire smoke contamination and loss-of-use claims arising from the January 2025 Los Angeles wildfires, in violation of California insurance law.
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January 07, 2026
JONESBORO, Ark. — An insurer filed suit in an Arkansas federal court seeking a declaratory judgment that it has no duty to defend or indemnify its insured against an underlying lawsuit seeking damages for video game addiction and/or internet gaming disorder that was allegedly suffered by a minor.
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January 06, 2026
LOS ANGELES — A homeowner alleges in a California state court that a property insurer breached its insurance contract and acted in bad faith by refusing to fully pay for covered wind, rain and water damage to his residence, instead issuing only partial payments totaling about $3,250 on a claim seeking nearly $97,000 in repair and mitigation costs.
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January 06, 2026
WASHINGTON, D.C. — An insured urges the U.S. Supreme Court to grant its petition for a writ of certiorari seeking review of the Sixth Circuit U.S. Court of Appeals’ finding that a district court erred in remanding a declaratory judgment claim and retaining jurisdiction over breach of contract and bad faith claims in a dispute over coverage for underlying per- and polyfluoroalkyl substances (PFAS) exposure suits, noting in its reply brief that the case presents an “ideal opportunity” to resolve a split among the circuits regarding when a district court is required to exercise discretion over mixed claims.
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January 05, 2026
WILMINGTON, Del. — The defendants in three related cases concerning a disputed captive reinsurance pool seek dismissal of a verified amended and supplemental derivative complaint, arguing that the challenged captive pool restructuring was fully unwound under regulatory supervision, rendering the claims moot, and that the post-unwinding corporate structure did not alter policyholder rights.
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December 19, 2025
BOSTON — A number of insurers of a railroad company breached their contracts of insurance and acted in bad faith by refusing to reimburse an insured for a settlement of an underlying asbestos personal injury suit, the insured says in a complaint filed in Massachusetts state court.
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December 18, 2025
WASHINGTON, D.C. — Class counsel filed a reply brief in further support of their request for an attorney fee award of 5% of settlement classes’ net in a risk-corridor payment class action under the Patient Protection and Affordable Care Act (ACA), arguing that the fee would not result in an “unjustified windfall.”
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December 18, 2025
BATON ROUGE, La. — An insurer has a duty to defend the owner of a chemical facility named in almost 200 underlying suits alleging bodily injury claims as a result of exposure to mercury at the chemical facility because the facility owner is named as an additional insured under the policies, the owner says in a Dec. 17 complaint filed in Louisiana federal court.
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December 18, 2025
INDIANAPOLIS — A federal judge in Indiana denied a grain production firm’s motion to alter or amend a partial summary judgment order in favor of a grain equipment company’s insurer, again holding that some of the claimed losses for the repair and replacement of leaky grain storage bins related to a contractual dispute rather than to coverage liability.
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December 16, 2025
CINCINNATI — Seeking reversal or at least remand of a decision upholding denial of her claim for long-term disability (LTD) benefits, a project director who stopped working because of symptoms she attributed to long COVID tells the Sixth Circuit U.S. Court of Appeals in her Dec. 15 opening brief that the trial court used the wrong standard of review and improperly denied her request for discovery and the appellees “acted arbitrarily by failing to consider critical treating-source medical opinions, relying on a materially inaccurate medical reviewer report, and dismissing [her] well-documented subjective symptoms.”
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December 15, 2025
NEW YORK — Standard of review is the sole issue in an appeal where the Second Circuit U.S. Court of Appeals is scheduled to hear oral argument on Jan. 12 regarding a denial of long-term disability (LTD) benefits appeal that was upheld under the arbitrary and capricious review standard in the trial court; the parties dispute whether the insurer had discretionary authority and whether it complied with claim regulations.