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The Legal Intelligencer

A Day Late and an Exclusion Short: Consequences of Drafting an Inadequate Reservation of Rights Letter

While usually seen as a standard, boilerplate letter, attorneys must be cognizant of the obligations imposed on them across the states to ensure that a Reservation of Rights letter complies with each state's specific requirements on the timing of delivery of the letter and the content of the letter to preserve its defenses and avoid prejudicing the insured.
8 minute read

The Legal Intelligencer

Current Status of Household and Regular Use Exclusions

Litigation regarding the validity and enforceability of various exclusions in auto policies in Pennsylvania is a never-ending tug of war between claimants and insurance companies. The most heated battles are in the realm of household and regular use exclusions. The fight over these exclusions may finally be coming to an end.
8 minute read

Law.com

8th Circuit Revives Homeowner's Coverage Dispute Against Nationwide Following 'Public Auction' Confusion

The Eighth Circuit considered whether Nationwide met its burden to show that an ordinary person would understand that a post third sale offering of a tax-delinquent house is a public auction.
4 minute read

Daily Report Online

No Bad Faith for Denying Life Insurance Benefits Over Contradictions of 'Alcohol Abuse;' Breach-of-Contract Claim Proceeds

Upon investigating whether death benefits were owed, Pacific Life found a history of "alcohol abuse" dating 10 years prior to the representations made by the deceased in his application, which omitted alcohol struggles.
5 minute read

Texas Lawyer

A Case That Could Impact Insurers' Duty to Defend Is Headed to Texas Supreme Court

A court of appeals ruled an excess policy did not unambiguously exclude defense costs for the insured, a Houston oil drilling services company involved in a personal injury settlement.
3 minute read

New York Law Journal

Insurer Wins Unanimous Decision in New York Choice of Law Battle

Count a gritty marine insurer as part of the exclusive Supreme Court's 9-0 club; winners by knockout in a hotly contested marine insurance dispute that braved its way from the District of Pennsylvania to the Third Circuit and ultimately landed in the Supreme Court.
6 minute read

Law.com

'Intent of Deceiving': Fed. Judge Voids $1.14M Insurance Claim That Was Based on 'Illusory Estimate,' Orders Plaintiffs to Pay Back $300K

"Critically, when asked for their 'proof' of that figure, the Pittsfield entities claimed that they 'have a proposal from a contractor that says it,'" wrote U.S. District Judge Nancy L. Maldonado of the Northern District of Illinois.
5 minute read

Daily Report Online

Federal Judge Finds Insurer Obligated to Defend Apartment Complex Following Fatal Fire

"Judge May's order denying summary judgment represents an accurate application of the law. The order not only follows legal precedent but also provides a clear and reasonable interpretation of the insurance policy and exclusions that Kinsale drafted," said Jeff Shiver of Shiver Hamilton Campbell.
4 minute read

Daily Report Online

Litigation Over Fatal Georgia Motorcycle Crash Reaches $18M Settlement With State Farm

"The defense's refusal to accept liability in this case for years is truly perplexing," plaintiff's attorneys Ben Brodhead and Ashley Fournet of Brodhead Law in Atlanta said in the release. "The defendant driver even pled guilty to criminal charges related to the incident, so I think their attempts to blame our client really rang hollow for the jurors."
3 minute read

The Legal Intelligencer

'It's a Major Commitment': Feedback Ensures Trial Training Programs Deliver Value

At Marshall Dennehey and Blank Rome, upper-level attorneys, including former federal judges, devote time they could be billing to sharpening the next generation's skills.
4 minute read

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