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New York Law Journal

Don't Allow Insurers to Weaken the Standard Applicable to the 'Expected or Intended' Coverage Defense

"In determining whether an organization's potential liability for an employee's sexual misconduct is covered, the relevant question is whether the harm was expected or intended from the organization's standpoint," write Joshua L. Blosveren and Bradley J. Nash.
11 minute read

Law.com

Is This Allstate Subsidiary Shortchanging Policyholders? New Class Action Filed

"[The] plaintiff brings this lawsuit individually and on behalf of all other similarly situated insureds who suffered damages due to Safe Auto's refusal to pay [actual cash value] sales tax and regulatory fees for total-loss vehicles," the complaint said.
2 minute read

Daily Business Review

Marshall Dennehey Hires Casualty Team From Quintairos Prieto Amid Accelerated Litigation Timelines

Shareholder Raychel Garcia said her new firm is "really ready to rock and roll with the huge caseloads that came from tort reform and now the shorter timelines that we have to get these cases ready for trial."
3 minute read

The Legal Intelligencer

A Day Late and an Exclusion Short: Consequences of Drafting an Inadequate Reservation of Rights Letter

While usually seen as a standard, boilerplate letter, attorneys must be cognizant of the obligations imposed on them across the states to ensure that a Reservation of Rights letter complies with each state's specific requirements on the timing of delivery of the letter and the content of the letter to preserve its defenses and avoid prejudicing the insured.
8 minute read

The Legal Intelligencer

Current Status of Household and Regular Use Exclusions

Litigation regarding the validity and enforceability of various exclusions in auto policies in Pennsylvania is a never-ending tug of war between claimants and insurance companies. The most heated battles are in the realm of household and regular use exclusions. The fight over these exclusions may finally be coming to an end.
8 minute read

Law.com

8th Circuit Revives Homeowner's Coverage Dispute Against Nationwide Following 'Public Auction' Confusion

The Eighth Circuit considered whether Nationwide met its burden to show that an ordinary person would understand that a post third sale offering of a tax-delinquent house is a public auction.
4 minute read

The Legal Intelligencer

Defending Claims Where Extreme Weather Is to Blame: Our Changing Climate's Impact on Civil Litigation

What defenses are available to corporate defendants in actions where extreme weather and climate change are arguably to blame? An increase in these types of claims is inevitable given the current state of the climate crisis.
7 minute read

Daily Report Online

No Bad Faith for Denying Life Insurance Benefits Over Contradictions of 'Alcohol Abuse;' Breach-of-Contract Claim Proceeds

Upon investigating whether death benefits were owed, Pacific Life found a history of "alcohol abuse" dating 10 years prior to the representations made by the deceased in his application, which omitted alcohol struggles.
5 minute read

Texas Lawyer

U.S. Fifth Circuit Allows Class Action Certification in 401(k), Benefit Plans Fees Dispute

The trial court did not abuse its discretion in certifying the class action, but on remand should allow non-party potential plaintiffs to opt out, the U.S. Fifth Circuit ruled.
4 minute read