Sun.Nov 17, 2024

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DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

The November 2024 King County Bar Bulletin had an article by jury consultants Thomas O’Toole and Kevin Boally dealing with the issue of causation and its importance in obtaining a plaintiff verdict. It was a subject I have written and lectured about to lawyers. Causation is often ignored or under emphasized by plaintiff attorneys. Too often plaintiffs proceed with the frame of mind that if they prove the harmful conduct they will receive a favorable verdict.

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Homeowners Insurance Does Not Cover Cryptocurrency Theft, 4th Circuit Affirms

Insurance Journal

By Andrew Simpson A federal appeals court has affirmed that a homeowners insurance policy does not cover the theft of cryptocurrency because the loss of a digital currency does not involve a “direct physical loss” as required by the policy.

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COST BITES 195: THE IMPORTANCE OF KEEPING TO COSTS BUDGETS: “GOOD REASONS” FOR DEPARTING AND PART 36 ISSUES

Civil Litigation Brief

In A & V Building Solution Ltd v J & B Hopkins Ltd [2024] EWHC 2914 (TCC) Mr Roger Ter Haar KC considered the circumstances in which a successful party can go outside the scope of budgeted costs.

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T-Mobile’s Network Breached as Part of Chinese Hacking Operation

Insurance Journal

T-Mobile US Inc.’s network was among those recently breached by Chinese hackers in an attack on multiple telecommunications companies. “T-Mobile is closely monitoring this industry-wide attack,” a company spokesperson said Saturday in an emailed statement.

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Trial Prep: What Attorneys Really Want (And How to Deliver It)

Speaker: Joe Stephens, J.D., Attorney and Law Professor

Get ready to uncover what attorneys really need from you when it comes to trial prep in this new webinar! Attorney and law professor, Joe Stephens, J.D., will share proven techniques for anticipating attorney needs, organizing critical documents, and transforming complex information into compelling case presentations. Key Learning Objectives: Organization That Makes Sense 🎯 Learn how to structure and organize case materials in ways that align with how attorneys actually work and think.

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The Ultimate IPWatchdog Story: Renee Quinn Granted Dog Toy Design Patent

IP Watchdog

On November 5, 2024, I received an official copy of U.S. Design Patent #D1,050,634 from the U.S. Patent and Trademark Office (USPTO). I received a Notice of Allowance for my U.S. Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. And on Friday, November 15, I received my official patent in the mail.

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Amazon, SpaceX to Test US Labor Board’s Powers at Conservative Appeals Court

Insurance Journal

A U.S. labor board whose enforcement powers are being challenged in a series of lawsuits is set to defend itself from attacks by Amazon.com and Elon Musk’s SpaceX in a conservative U.S.

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10 Sales & Marketing Tips to Help Agencies Grow

Insurance Journal

1. Get Out of the Office. Attend events where you can mingle and meet people. 2. Be a Guest. Reach out to local organizations that may be looking for guest speakers for luncheons and meetings.

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Named vs. Open Perils

Insurance Journal

This column is written primarily for insurance professionals, though I hope that the information I include is helpful to practitioners when communicating with prospects and insureds.

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Musk Escalates Altman Legal Feud, Casting OpenAI as Monopolist

Insurance Journal

Elon Musk is ramping up his feud with Sam Altman, alleging in a court filing that OpenAI is trying to corner the market for generative artificial intelligence and sacrificing safety in a race to get ahead.

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Changing the Focus of Claims, Data When Talking About Nuclear Verdicts

Insurance Journal

By Ezra Amacher The topic of nuclear verdicts took center stage at this year’s Target Markets Annual Summit in Scottsdale, Arizona, where a panel of carriers and reinsurers discussed rising settlement costs amidst an uncertain litigation environment.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.

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The Impact of California’s AB5 Law on the Transportation Sector: A National Perspective

Insurance Journal

The reclassification of independent contractors has become a major national issue, and California’s AB5 law has positioned itself at the center of this conversation.

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Washington Farm Labor Contractor Fined $140K for Withholding Info From Workers

Insurance Journal

A Pasco farm labor contractor faces nearly $140,000 in fines for violations uncovered during a Washington State Department of Labor & Industries investigation that include withholding information from worker.

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Sotheby’s Pays $6 Million to Settle New York Sales Tax Evasion Probe

Insurance Journal

Sotheby’s Inc. agreed to pay $6.25 million to settle a New York state lawsuit that accused it of advising wealthy clients they could avoid sales taxes by falsely claiming they were buying art for resale purposes.

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Washington Commissioner: Most Homes in 2023 Wildfire Were Underinsured

Insurance Journal

An analysis of the claims paid out after the Gray and Oregon Road fires in Washington last year found that most of the homes destroyed were underinsured.

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Deposition Prep Like a Pro: Insights from a Paralegal's Playbook

Speaker: Kaitlyn "The Persnickety Paralegal" Story

Deposition preparation is a critical aspect of a paralegal's role, requiring meticulous attention to detail and proactive management of the case timeline. In this session, participants will explore how effective deposition preparation not only contributes to the success of the legal team but also helps maintain a balanced workflow, minimizing last-minute crises.

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Chubb Continues ‘Record’ Year With 13.8% Jump in Q3 Net Income

Insurance Journal

Chubb recorded an 11.7% increase in P/C underwriting income with a combined ratio of 87.7 as part of third quarter net income of about $2.2 billion, up 13.8%. CEO Evan G.

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Two Florida Employees Charged with Defrauding Aetna of $1M

Insurance Journal

It was an inside job, one that cost an insurance company in Florida more than $1.1 million, authorities said.

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Head of Kentucky Plant Says Company Will Cover Damages After Blast

Insurance Journal

LOUISVILLE, Ky. (AP) — The president of a Kentucky plant that exploded earlier this week said the company is accountable for the accident and will pay damages to residents affected by the blast.

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Federal Judge Strikes Down Biden Overtime Pay Rule

Insurance Journal

A federal judge in Texas on Friday permanently blocked a Biden administration rule that would have made about 4 million more salaried U.S. workers eligible for overtime pay. U.S. District Judge Sean Jordan in Sherman, Texas, said the U.S.

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Stay On Top of Newly Filed State & Federal Litigation: Curated Just for You!

With Daily Filings Report by Trellis you will receive an email and csv file daily with all new cases filed in the jurisdictions you're tracking. Each new case will include all case metadata like judge, parties, counsel, practice area, and even direct links to the full docket and complaint. Trellis Daily Filings Reports provide direct access to newly filed state and federal litigation curated just for you.

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Agency Growth in 2025: Stay Focused on Prospecting, Cross-Selling & Employee Benefits

Insurance Journal

By Andrea Wells Predictions of a softer insurance pricing market are on the horizon. Perhaps not in early 2025, but there’s no question the market is stabilizing from the high prices the sector has seen in recent years.

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The Power of BPO for Carriers, MGAs, and Wholesalers: A Comprehensive Solution with Selectsys BPO

Insurance Journal

This post is part of a series sponsored by Selectsys. In the fast-paced and ever-evolving insurance landscape, carriers, MGAs, and wholesalers are constantly seeking ways to improve efficiency, reduce costs, and streamline operations without sacrificing quality.

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The Data Behind Rising Homeowners Premiums: By Peril and By State

Insurance Journal

The U.S. home insurance industry has experienced an upward trend in all-peril loss costs over the past seven years, according to a new report released by LexisNexis Risk Solutions. The ninth annual LexisNexis U.S.

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Claims Analysis: Roofs Define Luxury Homes’ Insurability

Insurance Journal

The insurance industry is facing a significant rise in roof-related claims.

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DEI Changes and Support

Insurance Journal

Legal and social issues have put corporate America’s diversity efforts on defense like never before. But despite the scrutiny, diversity, equity and inclusion programs continue to receive high marks from employees, according to a recent survey from The Conference Board.

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Global Reinsurers’ ROE Jumps to 22% in 2023 but Market Softening Unlikely: AM Best

Insurance Journal

By L.S. Howard AM Best’s population of global reinsurance companies posted a return on equity (ROE) of 22% in 2023 — a five-year high that was driven mainly by favorable investment income and strong underwriting performance.

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Rating Firm Says Florida Insurers Will Weather the Storms. Cat Fund Can Handle Payouts to Insurers

Insurance Journal

Florida’s Hurricane Catastrophe Fund, a state-created layer of reinsurance, expects to pay out about $4.6 billion to help cover insurers’ losses in Hurricanes Helene and Milton. But that won’t trigger a surcharge on premiums.

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4 Charged in $10 Million No-Fault Insurance Fraud Scheme

Insurance Journal

Four men have been charged with defrauding New York auto insurers by allegedly submitting more than $10 million in fraudulent claims for psychological services –and then laundering the proceeds of that fraud through a network of illicit check cashers.

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GAO Urges OSHA to Address Ergonomic Hazards in E-Commerce Warehouses, Deliveries

Insurance Journal

The federal Occupational Safety and Health Administration (OSHA) must do more to address ergonomic hazards at warehouses and delivery companies, where the number of injured workers in the growing sector are on the rise, a new report advises.

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People & Places

Insurance Journal

National Former Scottsdale Insurance President Mike Miller will serve as president and CEO of the excess and surplus managing general agency, Pivix Specialty Insurance Services. Based in Scottsdale, Arizona, Pivix is an E&S platform offering property/casualty coverages for targeted segments.

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AI Revolution in Insurance: Opportunities and Legal Pitfalls

Insurance Journal

The insurance industry is in the midst of a digital revolution, with artificial intelligence (AI) at the heart of it.

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Economic, Social Inflation Influence Drop in Commercial Auto UW Profits: Triple-I/CAS

Insurance Journal

Commercial auto insurance has struggled to achieve underwriting profitability, even before inflationary conditions affected property/casualty lines in recent years.

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My New Markets

Insurance Journal

Cyber & Tech E&O Insurance Market Detail: SeedPod Cyber, a managing general agent, is a specialized provider of cyber insurance and tech errors and omissions (E&O) coverage, designed to help businesses mitigate the financial impact of cyber incidents.

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Arizona Regulators Fine Natural Gas Utility $2M Over Defective Piping

Insurance Journal

A natural gas utility with more than 2 million customers in Arizona, Nevada and parts of California is being fined $2 million by regulators in Arizona over concerns about piping that is known to degrade in the heat.

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Company Settles for $250K Over Hazardous Waste Claims at California Facility

Insurance Journal

The U.S. Environmental Protection Agency announced a settlement with a firm over claims of violations of hazardous waste regulations at the company’s facility in Irvine, California.

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