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March 20, 2024 | Daily Report Online

After Bumpy, 100-Year Ride, Ga. Legislature Taps Brakes on Direct-Action Litigation Against Liability Insurers of Motor Carriers 

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.
10 minute read
March 13, 2024 | Daily Report Online

A 'Shocking Opinion'?: 'Duty to Defend' Under Fire in Ga. Court of Appeals Opinion

"There isn't a businessperson in the state that's not going to not lose the duty to defend because within [the new criteria," the defendant-appellee attorney said. "They can either have the financial wherewithal or can borrow it. ... It reaches so much further than it needed to go."
4 minute read
March 04, 2024 | New York Law Journal

Does Your Insurance Fully Cover a Cyber Attack? Maybe Yes, Maybe No!

Given the prevalence of spoofing, phishing, hacking and ransomware attacks, all businesses need to have appropriate cybersecurity insurance. But, will it cover you when the attack hits and for what? Sometimes yes, sometimes no and sometimes maybe!
11 minute read
February 06, 2024 | Daily Report Online

'A Win for All Sides'? Ga. Senator Hails New Tort Reform Bill 'Compromise'

"I wish I could tell you it's a bill that, when I bring it up here, everybody's gonna sing 'Kumbaya' and tell you that it's great. They're not," Georgia Sen. Blake Tillery, R-Vidalia, said.
3 minute read
December 12, 2023 | Daily Business Review

Anticipating a Surge: South Florida Braces for Rise of Floods and Lawsuits

"You have to draft or craft a lawsuit that is going to actually get something done," Miami Attorney Wayne M. Pathman said.
5 minute read
Law Journal Press | Digital Book New Jersey Estate Litigation 2014 Authors: Michael R. Griffinger, Paul F. Cullum III View this Book

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August 09, 2023 | New York Law Journal

Multiple EUO No-Shows: Timely Denial in Recent Case

An insurer may require a no-fault claimant (either the individual injured person or his/her assignee medical provider) to appear for an examination under oath (EUO) 11 NYCRR 65-3.5. If a claimant fails to appear for two scheduled EUOs, the insurer may deny the claim, provided it is raised in a timely denial of claim form.
12 minute read
April 18, 2023 | The Legal Intelligencer

Pa. Justices at Odds Over Scope of Case Coordination Rule

At issue was an order from Judge Christine Ward of the Allegheny County Court of Common Pleas granting a motion to coordinate a collection of COVID business interruption lawsuits filed against Erie Insurance Exchange.
3 minute read
April 14, 2023 | Daily Report Online

How Confusing Can an Insurance Policy Get? Ga. Court of Appeals Is Set to Decide

"In Thornton v. Georgia Farm Bureau, the [Georgia] Supreme Court said true injustices may be remedied by the court through existing principles and cases like this representation issue," Plaintiff-Appellant attorney J.L. King said. "This is one of those true injustices."
4 minute read
February 28, 2023 | Law.com

8th Circuit: In ERISA Case, Heroin Overdose Doesn't Fall Under Insurer's 'Intentionally Self-Inflicted Injury' Exclusion

"Using heroin is not itself an 'intentionally self inflicted injury'; for example, a person who uses heroin to get high would not necessarily be thought of as an 'injured' party," wrote the appeals panel.
6 minute read
February 13, 2023 | New Jersey Law Journal

Index to Verbal Threshold Opinions

Since 1988, there have been over 120 published cases that deal with some aspect of the verbal threshold. These cases are listed here in chronological order by subject matter.
8 minute read

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