Sign InExpert Analysis
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Insurance Carriers' Low-Ball Offers, One-Sided Terms and Position of Power Continue to Prevail
September 19, 2023 | Expert Analysis
Contrary to claims made in this space on Sept. 7, the law is not "needlessly complex." The law requires only that insurance companies act reasonably under the circumstances when they receive a valid offer to settle a claim against an insured.
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Drafting Indemnity Provisions to Maximize Coverage Under PA Law
September 12, 2023 | Expert Analysis
This article focuses on a just few of the many potential disputes that may arise with respect to indemnification under Pennsylvania law. Does the indemnification provision apply to claims for a party's own negligence?
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Using AI to Detect Insurance Fraud
August 18, 2023 | Discussion|Expert Analysis|Eye on the Experts
"With AI being used to detect fraud, it is essential to place a premium on transparency and data protection to avoid legal issues," says Kayla McCallum of Swift Currie.
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Holding Water - Cases Involving Backup and Overflow
August 16, 2023 | Case Law Analysis|Expert Analysis
Water issues are often confusing and involve multiple undefined terms such as plumbing, sewer, drain, overflow, or discharge. This article, the last in the series Holding Water, looks at how courts have determined coverage for various water-related claims.
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Holding Water - Definitions Needed to Understand Water Losses
August 04, 2023 | Expert Analysis
Water issues are often confusing and involve multiple undefined terms such as plumbing, sewer, drain, overflow, or discharge. This article reviews the terms and how they can be defined.
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Hinton v. Interstate Guaranty Insurance Co.
July 18, 2023 | Cases|Developments|Expert Analysis
The Supreme Court of Georgia debated whether a farm tractor can be an uninsured motor vehicle for purposes of the uninsured motorist statute after the tractor had a collision with another vehicle on a public highway.
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Opioids Situation Improves, But Workers' Comp Pharmacy Faces New Challenges
July 14, 2023 | Expert Analysis|Eye on the Experts
Nikki Wilson, Pharm.D./MBA, discusses some of the particular challenges for pharmacies in the face of the nation's ongoing opioid epidemic and offers insight on how to handle them.
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Merck & Co. v. Ace Am. Ins. Co.
May 08, 2023 | Cases|Developments|Expert Analysis
The New Jersey Appellate Division concluded that an insurance policy exclusion for "hostile/warlike action" did not include a cyberattack on a nonmilitary company, regardless of whether that attack was from a private actor or a government or sovereign power.
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Artificially Intelligent, Legally Confusing: The Rights in AI-Generated Works
May 01, 2023 | Discussion|Expert Analysis|Eye on the Experts
If neither the AI system nor its operator hold rights over the material, are these works simply public domain? Not necessarily.
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Buchholz v. Crestbrook Ins. Co.
April 28, 2023 | Cases|Developments|Expert Analysis
Although Crestbrook covered many of the Bucholzes' losses, it denied a generalized claim for mold growing in their walls and heating, ventilation, and air conditioning system.
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