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Coverage that focuses on both the legal risks facing insurance companies, as well as how companies are using insurance to hedge risk. We cover health insurance and cyber insurance frequently.
By Jillian Raines and Alex Harris | October 1, 2023
How should a federal court decide whether to enforce a choice-of-law provision? That's the question at the heart of 'Great Lakes Ins. v. Raiders Retreat Realty', a maritime coverage dispute that will be argued before the Supreme Court. However the court rules, the decision could have wide-ranging implications for insurance disputes—even those on land.
8 minute read
By Howard B. Epstein and Theodore A. Keyes | September 28, 2023
Recently, the Eastern District of New York granted summary judgment to an insurer, holding that the insurer had no duty to defend based on the terms of an exclusion in the policy. This decision highlights how, where the facts plainly fall within a clearly-drafted exclusion, courts will not hesitate to enforce the exclusion as written.
6 minute read
By Patricia A. Monahan | September 28, 2023
While it is well known that an insured has a clear and convincing standard of proving bad faith in order to recover such damages, it is lesser recognized that an insured does not have to prove outrageous conduct or evil motive to prove entitlement to punitive damages.
6 minute read
By Emily Cousins | September 27, 2023
"Absent any improvement whatsoever in [my client's health], they out of the blue do an about-face and declare [she] can work based primarily ... on a doctor three time zones away who wrote a five-page report," Ian O. Smith said. "For 22 years, I've been doing my best to counter that because ... under any standard, any reasonable person would view this as wrong."
4 minute read
By Allison Dunn | September 27, 2023
"I am pleased with the decision from the Court of Appeals and I am proud of my office's efforts to ensure that these workers are treated fairly and given the benefits they right deserve," Virginia Attorney General Jason Miyares said in a statement to Law.com.
5 minute read
By Jacquelyn Mohr Heitman | September 27, 2023
Many policyholders misunderstand their relationship with their insurers. Having purchased an insurance policy, they assume that their insurer will make a good-faith effort to honor its contractual obligations, which is not always the case, according to Jacquelyn Mohr Heitman of Pasich.
8 minute read
By Allison Dunn | September 25, 2023
"Here, we have concluded that Wesco's contacts with Massachusetts are unrelated to the claims in this case, and that whatever indirect contact (if any) Wesco had with Massachusetts related to Pray's claims is insufficient to satisfy due process," Massachusetts Appeals Associate Justice Peter Sacks wrote for the unanimous three-judge panel.
5 minute read
By ALM Staff | September 25, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Emily Cousins | September 18, 2023
When Cigna released its second-quarter financial performance on Aug. 5, 2021, its stock dropped by 13%, and Ferrie "realized an approximately 236% profit of $16,039.78 on his investment of $6,782.05," the complaint said.
2 minute read
By James "Jay" Sadd and Richard E. "Rich" Dolder | September 15, 2023
Contrary to claims made in this space on Sept. 7, the law is not "needlessly complex." The law requires only that insurance companies act reasonably under the circumstances when they receive a valid offer to settle a claim against an insured.
5 minute read
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement