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Prophylactic Affirmative Defenses: Doing More Harm Than Good?
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.
Brightline Rule: Imperfect Pre-Suit Med-Mal Form Is Not Fatal to Case
"The court crafted a fair and simple solution to what has been an overly complex problem for both sides since the statute's inception," said plaintiff's attorney Collin D. Cobb.
How a Plaintiffs Lawyer Secured $6M Gwinnett Co. Settlement Despite Adverse Police Report
"It's the perfect example of a case where you shouldn't take the police report at face value," said Darl Champion of the Champion Firm, who litigated the case with co-counsel Adrienne McKay.
Insurance Company Sues Florida Attorney for Alleged False Claim
"[He] has earned more money from his solo personal injury practice, opened subsequent to the onset of his disability, than he had prior to his alleged total disability," the insurer said of the attorney.
NJ Supreme Court Goes Beyond Question of 'Direct Physical Loss' in COVID-19 Insurance Claim
"Although it is not strictly necessary given our conclusion that Ocean Walk did not allege facts to establish a 'direct physical loss' of or 'direct physical damage' to its property, we nonetheless briefly address Ocean Walk's argument that the contamination exclusion in the policies issued by AGLIC, AIG, and IFCC does not apply here," Justice Anne M. Patterson wrote.
Law Journal Press | Digital Book
Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Insurer Must Cover Child Victims Act Litigation Against Archdiocese of New York
Chubb-affiliated insurance companies sued in June, seeking to limit their coverage obligations. But Manhattan Supreme Court Justice Suzanne Adams on Dec. 15 dismissed the lawsuit, stating it was "obvious" the claims were covered under the insurance policies.
Insurance Company Clear Blue Sues Aon, Alleging Fraud
The lawsuit alleges Aon "wrongfully"