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August 24, 2023 | Connecticut Law Tribune

Lawsuits Are Piling Up Against The Hartford Over Data Breach

"Not until roughly three months after it claims to have discovered the data breach did defendant begin sending the notice to persons whose [personal identifying information] defendant confirmed was potentially compromised," the complaint said. "The notice lacked sufficient information on how the breach occurred, what safeguards have been taken since then to safeguard further attacks, and/or where the information hacked exists today."
3 minute read
August 24, 2023 | The Legal Intelligencer

Is Emotional Distress Covered as a Bodily Injury?

Awaiting argument at the Pennsylvania Supreme Court, Kramer v. Nationwide's outcome will be of great interest to attorneys across Pennsylvania, as the outcome could shed light on the question of whether emotional distress is covered as bodily injury under automobile insurance policies and the Motor Vehicle Financial Responsibility Law (MVFRL).
9 minute read
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
August 23, 2023 | The Legal Intelligencer

Creative Noninsureds Seek New Ways to Recover Benefits: How One Court Addressed This Trend

For years, creative noninsured entities and individuals have concocted innovative ways to recover payment under homeowners policies to which they are not a party. Many times, the noninsureds have relied on obtaining assignment of benefits (AOBs) from the insureds to then recover payment.
5 minute read
August 21, 2023 | Litigation Daily

Litigation Leaders: Robin Cohen of Cohen Ziffer on the Advantages of Being on the Policyholder Side of the Insurance Recovery Practice

"Rather than competing with my colleagues for business, I have been able to partner with so many of my former Big Law colleagues who routinely refer me clients because of conflicts," says Cohen, who launched her boutique with colleagues from McKool Smith.
12 minute read
Law Journal Press | Digital Book Connecticut Appellate Practice & Procedure, 8th Edition Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE View this Book

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August 21, 2023 | Delaware Business Court Insider

Litigation Leaders: Cohen Ziffer Chair Talks the Advantages of Being on the Policyholder Side of the Insurance Recovery Practice

In February 2022, a Delaware jury found that Conduent allegedly tried to defraud AIG into covering part of its Medicaid fraud-related settlement.
12 minute read
August 09, 2023 | Law.com

Citing Rulings in 'More Than 800 Cases Nationwide,' 9th Circuit Shoots Down COVID-19 Business Interruption Suit

The appellate panel said two Oregon state court opinions "suggest the Oregon Supreme Court would interpret the phrase 'direct physical loss or damage' as requiring some physical alteration or damage to property such that 'loss of use' is insufficient to trigger coverage under the Policy."
5 minute read
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
July 31, 2023 | Texas Lawyer

$4.2M Data Breach Settlement Surplus Awarded to Texas Bar Foundation

The award will help the foundation provide legal aid and improve access to the court system for low income individuals in Texas, the plaintiff firms said in a prepared statement.
4 minute read
July 18, 2023 | Texas Lawyer

Judge Sues Insurers for Alleged Bad Faith in Boys Scouts Sex Abuse Cases

The opposing insurance companies sought relief from the U.S. Court of Appeals for the Third Circuit, but in April the appeals court denied a request by the plan's opponents to issue a stay while they appeal the federal court's approval of the plan. That appeal remains pending.
5 minute read

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