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August 23, 2023 | The Legal Intelligencer

The Movement Toward Increased Federal Jurisdiction Over Insurance Declaratory Judgment Actions

In the U.S. Court of Appeals for the Third Circuit, district courts exercising their discretion under the DJA are guided by the landmark opinion in Reifer v. Westport Insurance, 751 F.3d 129 (3d Cir. 2014). Reifer sets forth the factors a district court must address when deciding whether to abstain from hearing an insurance coverage declaratory judgment action.
8 minute read
March 24, 2023 | New York Law Journal

The Impairment of Business Interruption Insurance

The December 2022 decision of 'New England Systems, Inc. v. Citizens Insurance Company of America' used the term "impairment" in the business interruption coverage section of a cyber-risk policy, to potentially broaden the scope of business interruption coverage well beyond its prior interpretations.
6 minute read
November 02, 2022 | The Legal Intelligencer

UPMC 'Provision' Could Ward Off Effects of Looming Med Mal Venue Rule Change—If It Can Survive in Court

Now, a one-sentence provision provision lines up with how any medical malpractice suit in Pennsylvania would proceed. But, come 2023, those limitations are set to disappear.
5 minute read
October 11, 2022 | New York Law Journal

The Domino Effect of Runaway Jury Verdicts in Plaintiff-Friendly Venues

The impact of runaway jury verdicts for defendants—and the insurance industry, in particular—has been palpable.
7 minute read
September 12, 2022 | The Legal Intelligencer

At Odds With 'Occurrences' in Pennsylvania Faulty Workmanship Claims

Here we are again. When last writing on this topic in 2018, courts within the commonwealth consistently ruled that faulty workmanship and negligent construction do not rise to the level of an "occurrence" in commercial general liabilities (CGL) policies.
8 minute read
November 10, 2021 | Texas Lawyer

Risks & Strategies for Liability, Coverage in the Dawn of Digital Health

New tech can give a clear picture of a patient's health but requires health care operators to store even more personal data.
7 minute read
August 10, 2021 | Daily Business Review

Unusual Insurance Litigation Strategy Unveiled as National Indemnity Fights $11.8 Million Jury Verdict

"This lawsuit is a first-party insurance case in reverse," said Louis M. Holzberg, a partner at Holzberg Legal.
3 minute read
February 10, 2021 | New York Law Journal

Nassau County Judge Rules Commercial Insurance Policy Doesn't Cover Movie Theater's COVID-19 Losses

The ruling, from Justice Timothy S. Driscoll of the Supreme Court's Commercial Division, was the first written decision by a New York state court to address COVID-19 coverage in an insurance dispute, an attorney for one of the defendants said Wednesday.
4 minute read
November 27, 2019 | New Jersey Law Journal

Of Squares and Rectangles: The Fiduciary Standard Imposed on Insurance Brokers, Both Problem and Answer

The application of the Consumer Fraud Act to professionals who are held to a similar fiduciary standard as lawyers and doctors does not square.
8 minute read
May 15, 2019 | New York Law Journal

Amid Falling Head Count, D'Amato & Lynch Sued by Ex-Landlord

The lawsuit brought by the landlord, represented by Greenberg Traurig, comes a couple of months after the firm moved to smaller offices. The firm's head count is now one-third of its size two years ago.
3 minute read

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