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March 05, 2019 | Daily Report Online

11th Circuit Junks Body Shops' Antitrust Claims Against State Farm, Other Carriers

The multidistrict litigation accused State Farm and numerous other insurers of conspiring to drive down the prices they pay for repairs by agreeing on a preset “market rate,” enforcing compliance by steering insureds to businesses that agree to their terms and boycotting those that refuse.
7 minute read
January 11, 2019 | New York Law Journal

'Thrasher' Threshold Continues to Thrive

In his Insurance Law column, Jonathan A. Dachs writes: Decisions on the issue of whether the 'Thrasher' requirements for a valid noncooperation disclaimer have been met continue to abound, and to provide additional guidance for the assertion and/or refutation of the noncooperation defense.
16 minute read
October 24, 2018 | Daily Report Online

11th Circuit Considers Whether to Reinstate Auto Insurance Price-Fixing Claims

The en banc hearing comes after a split panel opted to reinstate the case after it was tossed for failure to state a claim.
5 minute read
August 24, 2018 | The Legal Intelligencer

Federal Flood Insurance: Just Because You Have It, Doesn't Mean You're Protected

With hurricane season upon us, and the severe storms of the last few years fresh in our minds, property owners should think about whether they need flood insurance.
9 minute read
June 20, 2018 | The Recorder

Unanimous Calif. Supreme Court Finds Negligent Hiring and Supervision Invokes Coverage

It's official: the negligent hiring and supervision of an employee who goes on to intentionally injure a third party may constitute an “occurrence” that triggers coverage under a general liability insurance policy.
2 minute read
May 01, 2018 | Connecticut Law Tribune

Liberty Mutual's Counsel Inadvertently Copies Opposing Side on 'Distasteful' Email

Isabel Del Vecchio said she was floored when her professional ethics were questioned by a fellow attorney. Emails detailed the alleged unprofessional behavior.
5 minute read
April 19, 2018 | Connecticut Law Tribune

Delivery Man Settles Fall on Ice Claim for $890,000

German Perez sustained neck injuries from a fall on a sheet of ice at a strip mall. This month he settled the case for $890,000.
3 minute read
March 14, 2018 | Delaware Business Court Insider

Delaware Public Policy Does Not Preclude D&O Insurance Coverage for Fraud

In Arch Insurance v. Murdock, a D&O insurance coverage dispute, the Superior Court's complex commercial litigation division reasoned broadly to hold that, absent a contrary choice of law clause, Delaware law applies to Delaware corporations' D&O insurance policies, and that Delaware public policy does not prohibit insuring losses from insureds' breaching the fiduciary duty of loyalty through fraudulent conduct.
5 minute read
November 16, 2017 | Daily Report Online

Lawyer Was Unaware Client Would Need Her Policy Benefits, But That Didn't Excuse Late Notice to Insurer

An insured's failure to notify her insurer for more than four years after an accident, and 18 months after filing a lawsuit, violated her insurance policy's notice requirement and was not excused by her lawyer being unaware that she might need coverage from her insurer, an appellate court in Georgia ruled.
24 minute read
November 09, 2017 | Daily Report Online

Auto Shop Settles for $1 Million After Bad Brake Job Ends in Wreck

An Ellaville woman badly injured when the brakes failed on an approaching pickup has settled her claims against the garage that serviced the truck and later missed evidence of a leaky brake line during an inspection.
8 minute read

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