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The Legal Intelligencer

Prophylactic Affirmative Defenses: Doing More Harm Than Good?

While merely striking affirmative defenses that should not have been in the action in the first place may not be a sufficient deterrent to curb the filing of frivolous defenses, where the assertion of such baseless prophylactic defenses occurs in first party insurance litigation, such as uninsured (UM) or underinsured (UIM) motorist claims, it may result in much harsher repercussions.
7 minute read

New Jersey Law Journal

Insurer Seeks Declaration It Has No Duty to Defend Sexual Abuse Suit Against Leonia School Board

This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
3 minute read

Daily Business Review

Insurer Hit With Over 340% Surge of Lawsuits in Florida Federal Courts

Among the lawsuits is a civil RICO action over allegations that the insurer and 10 other carriers have operated as a "cartel."
3 minute read

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

The Legal Intelligencer

Boilerplate Form Can Lead Attorneys Astray When Prosecuting Injured Workers' Third-Party Claims

Those personal injury attorneys representing injured workers in their third-party claims who do not understand this interplay and blindly rely on the third party settlement form risk potentially committing legal malpractice.
8 minute read

The Legal Intelligencer

Recent Class Action Lawsuit Alleges Misappropriation of Special Needs Trust Funds

SNTs are usually for the most vulnerable of structured settlement payees as a trusted means of asset protection. SNTs will receive the periodic payments directly from the annuity issuer, and the SNT trustees have a fiduciary duty to spend the trust situs for the benefit of each beneficiary.
8 minute read

New York Law Journal

Recent Guilty Pleas Highlight Illegal Control of Medical Practices, Kickbacks for Patient Referrals

The final two defendants in 'United States v. Pierre' pled guilty to charges stemming from their involvement in an insurance fraud scheme. Pending sentencing, the guilty pleas conclude a two-year prosecution that exposed a scheme to hijack New York's no-fault insurance system for personal profit.
9 minute read

The Recorder

Genworth Insurance Accused of Terminating Policies to Compel Reinstatements, Forfeitures on Customers

The lawsuit, filed in California Superior Court for the County of Sacramento, raised California Insurance Code Sections 10113.71 and 10113.72, which require life insurers to comply with a 60-day grace period and provide proper notice before terminating a policy for nonpayment of premiums.
3 minute read

The Recorder

California Supreme Court Wrestles With COVID Insurance Coverage Questions

During oral arguments, the justices asked repeatedly why COVID-19 business losses should be covered by commercial property insurance policies.
3 minute read

The Legal Intelligencer

Pa. High Court Shows Continuing Signs of Moderation With Regular Use Exclusion Holding

On Jan. 29, the Pennsylvania Supreme Court issued its long-awaited and much anticipated decision in the regular use exclusion case of Rush v. Erie Insurance Exchange, and, in doing so, seemed to signal a possible continuing movement away from its previous penchant for advancing plaintiffs' causes in personal injury matters and toward a more reasoned, moderate approach to civil litigation questions of law.
7 minute read

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