The Legal Intelligencer | Commentary
By James C. Haggerty, Jeffrey Stanton and Dennis Coyne | April 4, 2024
While merely striking affirmative defenses that should not have been in the action in the first place may not be a sufficient deterrent to curb the filing of frivolous defenses, where the assertion of such baseless prophylactic defenses occurs in first party insurance litigation, such as uninsured (UM) or underinsured (UIM) motorist claims, it may result in much harsher repercussions.
By Colleen Murphy | March 27, 2024
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
By Michael A. Mora | March 25, 2024
Among the lawsuits is a civil RICO action over allegations that the insurer and 10 other carriers have operated as a "cartel."
Daily Report Online | Commentary
By John Bonnie and Steve Rapp | March 20, 2024
The Georgia direct-action statutes still provide a narrow exception to the otherwise strident rule that direct actions by a claimant against an allegedly liable insured cannot be maintained until there is a judgment against the insured, and Georgia, therefore, remains in a reported minority of just four states allowing direct actions in any context.
The Legal Intelligencer | Commentary
By Jerry M. Lehocky | March 19, 2024
Those personal injury attorneys representing injured workers in their third-party claims who do not understand this interplay and blindly rely on the third party settlement form risk potentially committing legal malpractice.
The Legal Intelligencer | Commentary
By Sandra Jones | March 18, 2024
SNTs are usually for the most vulnerable of structured settlement payees as a trusted means of asset protection. SNTs will receive the periodic payments directly from the annuity issuer, and the SNT trustees have a fiduciary duty to spend the trust situs for the benefit of each beneficiary.
New York Law Journal | Analysis
By Michael A. Sirignano and Sean Gorton | March 7, 2024
The final two defendants in 'United States v. Pierre' pled guilty to charges stemming from their involvement in an insurance fraud scheme. Pending sentencing, the guilty pleas conclude a two-year prosecution that exposed a scheme to hijack New York's no-fault insurance system for personal profit.
By Mason Lawlor | March 6, 2024
The lawsuit, filed in California Superior Court for the County of Sacramento, raised California Insurance Code Sections 10113.71 and 10113.72, which require life insurers to comply with a 60-day grace period and provide proper notice before terminating a policy for nonpayment of premiums.
By Cheryl Miller | March 5, 2024
During oral arguments, the justices asked repeatedly why COVID-19 business losses should be covered by commercial property insurance policies.
The Legal Intelligencer | Commentary
By Daniel E. Cummins | February 29, 2024
On Jan. 29, the Pennsylvania Supreme Court issued its long-awaited and much anticipated decision in the regular use exclusion case of Rush v. Erie Insurance Exchange, and, in doing so, seemed to signal a possible continuing movement away from its previous penchant for advancing plaintiffs' causes in personal injury matters and toward a more reasoned, moderate approach to civil litigation questions of law.
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