Insurance Litigation

Comprehensive coverage, from verdicts to rulings to trends

The Legal Intelligencer |Case Digests

PCIC v. Kiely

October 23, 2018

Defendants had judicial immunity with respect to statements made against plaintiffs in an earlier case regarding the denial of insurance coverage. The court found no improper purpose to support the claim of wrongful use of civil proceedings, so it dismissed the complaint.
Texas Lawyer |News

O'Quinn Law Firm Can't Get Coverage for Millions in Settlement Overcharges to Clients, Fifth Circuit Rules

John Council | October 22, 2018

The U.S. Court of Appeals for the Fifth Circuit has denied an attempt by the late John M. O'Quinn's law firm to have an excess insurance carrier pay a portion of a $46.5 million settlement he paid back to breast implant plaintiffs for overcharging them on litigation expenses.
New York Law Journal |Analysis

Proposed Fee Schedule Changes

David M. Barshay | October 22, 2018

In this No-Fault Insurance Law Wrap-Up, David M. Barshay provides a synopsis of several of the major changes contained in the proposed amended Fee Schedule most likely to affect automobile accident victims and their health care providers seeking reimbursement for provided treatment.
The Recorder |News

Judge: Enough With the Numbered Pleading Paper, Already?! 'This is the 21st Century'

Scott Graham | October 19, 2018

The Northern District judge's standing order discourages the use of formal pleading paper. Two IP lawyers recently took him up on it.
Legaltech News |News

Insurer on the Hook for Yahoo's Outside Counsel Bill in Email Scanning Case

Ian Lopez | October 19, 2018

The insurer had argued Yahoo's costs didn't fit within the policy's definition of a personal injury, a view that Judge Edward Davila said is “incorrect.”
The Recorder |Analysis

Life Insurance Policy Did Not Lapse When Disabled Woman Failed To Pay Premiums, California Appeals Court Rules

Steven A. Meyerowitz, Esq., Director, FC&S Legal | October 18, 2018

The Second District Court of Appeal this week reversed a trial court's decision in favor of Farmers Insurance.
The Legal Intelligencer |News

Pa. Supreme Court Takes 3rd Circ.'s Question on Auto Insurers' Medical Exam Policies

Zack Needles | October 18, 2018

The Pennsylvania Supreme Court has agreed to answer the question of whether an insurer can mandate that claimants undergo an unlimited number of medical exams by a doctor of the carrier's choosing before they can receive benefits.
New York Law Journal |Case Digests

Harika v. Feldman

October 18, 2018

Claim Car Stopped Short Insufficient Defense in Rear-End Collision With Injured Passenger
The Recorder |Update

Insurance Giant Hit With Class Action Alleging Underpayment for Mental Health Visits

Ross Todd | October 17, 2018

United HealthCare Insurance Co. is accused of imposing arbitrary reimbursement penalties for psychotherapy provided by psychologists and master's-level counselors rather than doctors.
The Legal Intelligencer |News

Pa. Woman Files Putative Class Action Against Insurance Giant Alleging Underpayment for Mental Health Visits

Ross Todd | October 17, 2018

United HealthCare Insurance Co. is accused of imposing arbitrary reimbursement penalties for psychotherapy provided by psychologists and master's-level counselors rather than doctors.
The Recorder |Case Digests

Lat v. Farmers New World Life Insurance Company

October 17, 2018

Notice prejudice rule precluded entry of summary judgment in favor of insurance company
New York Law Journal |Analysis

Successfully Utilizing the Insurance Law's Pre-Answer Bond Procedure to Protect N.Y. Victims

Samuel Blaustein | October 16, 2018

This article discusses how New York insureds have recently used §1213's pre-answer bond procedure to ensure access to New York courts and recoverable assets.
The Legal Intelligencer |Case Digests

Tuscarora Wayne Ins. Co. v. Hebron, Inc.

October 16, 2018

Trial court erred in granting summary judgment in favor of appellee and denying summary judgment in favor of appellant in appellee's declaratory judgment action seeking a declaration that it was not required to defend or indemnify appellant under its insurance policy for a fire sparked while appellant's employee was refueling a vehicle because trial court erred in finding that refueling the truck was incidental to the vehicle dismantling business, which was excluded from the policy, since the only connection between the refueling proc
New York Law Journal |

Insurance Law

Angela Turturro | October 15, 2018

View this Special Report as a PDF.Allocation of Long-Tail Losses in New York and New JerseyDespite the contrasting approaches by New York and…
New York Law Journal |

Debunking the Myth That the First Dep't Has Rung the Death Knell on the Insurability of Disgorgement

Mikaela Whitman | October 12, 2018

Whether there is insurance coverage for restitution or disgorgement of purported “ill-gotten gains” under Directors and Officers and other professional liability policies (collectively here, D&O policies) has become a pervasive issue in jurisdictions across the country.
New York Law Journal |

Do Unto Others—Reciprocity Through the Lens of Insurance Regulation

Dan Rabinowitz | October 12, 2018

Review a cross-section of reciprocity issues that illustrate the push and pull of individual jurisdictions' policy preferences—and protection of local actors—against a backdrop of increasing globalization of the insurance and reinsurance sector. The extent to which a jurisdiction chooses to “do unto others” as it would have done unto it, on these and related matters, will be a key indicator of how policymakers navigate this globalization in coming years and decades.
New York Law Journal |

Disrupting Insurance Is Hard: How to Make It Easier (or at Least Less Hard)

John Pruitt and Ed Stelzer | October 12, 2018

There is now a thriving ecosystem of individuals and enterprises—in industry parlance, “Insuretech”—devoted to developing innovative applications of technology to improve, modernize or, in some cases, disrupt insurance.
New York Law Journal |

Data Breach Risk Management: Keeping Up With Evolving Cyber Liability Insurance

Nadira K. Kirkland | October 12, 2018

Personnel responsible for detecting, reporting and responding to cyber events and privacy violations should also have a thorough understanding of the coverages provided under their cyber policies and how those policies are triggered, well before an incident occurs.
New York Law Journal |

Allocation of Long-Tail Losses in New York and New Jersey

Mark Garbowski and Robert M. Horkovich | October 12, 2018

Despite the contrasting approaches by New York and New Jersey, handling insurance allocation disputes in both requires both ample basic preparation and creative problem solving.
The Recorder |Analysis News

Lex Machina: Insurance Litigation Balloons in Insurer-Friendly Federal Courts

Greg Land | October 11, 2018

A new report from the legal analytics firm also found that California's Central District has the fastest of four major insurance dockets, taking an average of 343 days to rule on summary judgment, and 493 days to get to trial.
The Legal Intelligencer |News

Narrowly Interpreting 'Ongoing Business Operations' Exclusion, Court Finds Insurance Coverage for Fire

Steven A. Meyerowitz | October 11, 2018

A Pennsylvania appellate court, reversing a trial court's decision, has concluded that an insurance policy exclusion for “ongoing business operations” did not bar coverage for damages resulting from a fire at a vehicle dismantling facility in Harrisburg.
Daily Business Review |Commentary

Supreme Court's 'Harvey' Decision Reaffirms Long Standing Bad Faith Law

Stephen A. Marino and Benjamin Hassebrock | October 11, 2018

The Florida Supreme Court's latest bad faith ruling, Harvey v. GEICO, leaves the insurer's standard of care unchanged since 1938. Despite its consistency with 80 years of precedent, the dissents provoked controversy by forecasting a “vast and unwarranted expansion of liability for bad faith claims.”
New York Law Journal |Case Digests

Halberstam v. Allianz Life Ins. Co. of N. Am.

October 11, 2018

Insurer Went Beyond Terms, Could Not Rely on Nonpayment to Justify Contract's Termination
New York Law Journal |Analysis

'Burlington' and the Recoupment of Defense Costs by Insurers

Eric B. Stern and Jonathan B. Isaacson | October 10, 2018

While much paper and ink has been dedicated to the core differentiation between “caused by” and “arising out of,” less attention has been paid to that aspect of the 'Burlington' decision which provides for an insurer's ability to recoup defense costs upon a determination that the purported additional insured does not, in fact, qualify as an additional insured.
New York Law Journal |Analysis

The '8 Unit' Rule, and Rental Fees for Durable Medical Equipment

David M. Barshay | October 10, 2018

In his No-Fault Insurance Law Wrap-Up David M. Barshay discusses, among other issues, 'Matter of Global Liberty Ins. Co. v. ISurply', which is instructive as to the proper rental fee for durable medical equipment.
New York Law Journal |Case Digests

Han v. Metropolitan Life Ins. Co.

October 10, 2018

NOTEWORTHY NOTEWORTHY NOTEWORTHY
Delaware Law Weekly |Case Digests

Massey v. Nationwide Assurance Co.

October 10, 2018

A party moving to set aside a judgment failed to demonstrate improper service, and any neglect on his part was not excusable.
Daily Business Review |

Broward Attorney Clinches $1.5 Million Verdict Against Liberty Mutual, Subpoenas Expert Witness

Zach Schlein | October 08, 2018

Attorney William C. Ruggiero represented a client in a suit over uninsured motorist coverage. Ruggiero challenged the testimony of expert witness Dr. Stephen Brown after it was discovered he charged Liberty Mutual more than $58,000 to review films and offer his opinion by way of a video deposition.
New Jersey Law Journal |News

Lawyer's Decadelong Cover-Up of Case Dismissal Fuels Battle With Firm's Malpractice Carrier

Charles Toutant | October 05, 2018

Eichen Crutchlow sued Allied World Insurance Co. after it refused to cover a potential malpractice suit against former attorney Edward McElroy.
The Legal Intelligencer |Commentary

Insurance Companies Are Facing Cybersecurity Compliance Deadlines

Christopher M. Brubaker | October 04, 2018

South Carolina recently became the first state to adopt the National Association of Insurance Commissioners' Insurance Data Security Model Law. The NAIC is a standard-setting and regulatory support organization consisting of the top insurance regulators from the 50 states, D.C. and five U.S. territories.
The Legal Intelligencer |News

Judge: Insurer Had No Duty to Defend Father Against Daughter's Suit Alleging Sexual Abuse

Steven A. Meyerowitz | October 04, 2018

A federal district court in Pennsylvania has ruled that an insurance company did not have to defend or indemnify its insured against a lawsuit by his daughter alleging that he had sexually abused her throughout her childhood.
Daily Report Online |Case Digests

Taylor et al. v. State Farm Fire & Casualty Co.

October 04, 2018

No coverage under a business insurance policy where claimants failed to provide timely notice of a claim
Daily Business Review |News

Irma Aftereffects: Naples Country Club Sues Zurich American Insurance for Storm Damage

Lidia Dinkova | October 03, 2018

The 54-hole Grey Oaks Country Club says its storm-related expenses hit eight figures but Zurich is holding out.
New York Law Journal |Case Digests

Utica Mut. Ins. Co. v. Clearwater Ins. Co.

October 02, 2018

Vacaturs, Remands in Lawsuit for Indemnification Under Reinsurance Contracts Explained
Connecticut Law Tribune |Case Digests

Klin v. Liberty Mut. Ins. Co.

October 01, 2018

Court Grants Summary Judgment Against Pedestrian Seeking Insurance Coverage Under Automobile Policy
Connecticut Law Tribune |Case Digests

LaGrave v. Utley

October 01, 2018

Court Grants Motion to Dismiss by Improperly Served Insurer
New York Law Journal |Analysis

Representation by Multiple Counsel

Thomas A. Moore and Matthew Gaier | September 28, 2018

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier discuss the issue and implications of double defense representation in light of a recent decision by the Third Department in 'Lasher v. Albany Mem. Hosp.', the first case to tackle the issue in the medical malpractice context.
New Jersey Law Journal |Analysis

NJ Environmental Law's Top 10 of 2018

Lewis Goldshore | September 28, 2018

While the Murphy administration was getting up to full speed, the judiciary and legislature continued to refine the state's environmental law and policy. This article identifies 2018's top 10 environmental developments.
New York Law Journal |Case Digests

Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Cas. Co.

September 28, 2018

Sex Abuse Judgments Upheld; Priests Did Not Act in Scope of Duties, CUIPA Not Violated
New York Law Journal |Case Digests

J.P. Morgan Securities Inc. v. Vigilant Ins. Co.

September 28, 2018

Under 'Kokesh' SEC Disgorgement Is Penalty, Not 'Loss'; Banks Not Entitled to Coverage
Litigation Daily |Commentary

Daily Dicta: It's Not Easy to Rate Lawyers—Just Ask Avvo

Jenna Greene | September 26, 2018

When a solo practitioner called a "menace to the profession" by the Ninth Circuit has a higher Avvo score than Ted Olson, you know there are some flaws in the system. Avvo should thank the NY AG for forcing them to change.
The Recorder |Case Digests

Jones v. IDS Property Casualty Insurance Company

September 26, 2018

Language of insurance policy sufficed to aggregate husband's bodily injury claim with wife's loss of consortium claim
Daily Report Online |News

McKool Smith Notches $10M Alabama Win Against Insurer Over Unpaid Death Benefit

Greg Land | September 25, 2018

California-based amusement park company Apex Parks Group sued Protective Life Insurance after it refused to honor a $10 million "key person" policy the insurer wrote several months before Apex CEO Al Weber died suddenly in 2016.
New York Law Journal |News

NY Financial Regulator May Redistribute Federal Health Subsidy, US Judge Rules

Dan M. Clark | September 25, 2018

The decision means the insurance company will likely have to pay $65 million to the state in the coming weeks unless the Second Circuit decides differently.
New York Law Journal |Case Digests

Altavilla v. Venti Transp.

September 25, 2018

Plaintiff Fails to Explain 15-Month Gap in Treatment, Denied Judgment on Liability Issue
The Legal Intelligencer |Case Digests

Bouzy v. State Farm Ins.

September 25, 2018

Where plaintiffs agreed to consolidate cases, they were not entitled to severance of the matters at trial, but the court properly bifurcated trial with regard to jury and non-jury issues.
The Legal Intelligencer |Case Digests

Clemens v. N.Y. Central Mut. Fire Ins. Co.

September 25, 2018

In this precedential case, the appellate court concluded that district courts have the discretion to deny a fee request in its entirety where the request amount is "outrageously excessive" under the circumstances; thus, the district court did not abuse its discretion in denying plaintiffs $950,000 in fees on their $100,000 in punitive damages award. The appellate court affirmed an order denying plaintiffs' request for attorney fees.
The Legal Intelligencer |Case Digests

Lewis v. Erie Ins. Exchange et al

September 25, 2018

While plaintiff convinced a jury that the defendant insurance broker was negligent in the handling of his insurance coverage needs, the jury's finding that plaintiff was contributorily negligent constituted an absolute bar to his recovery for the broker's professional negligence involving monetary loss. The court recommended affirmance of its order denying plaintiff post-trial relief.
The Legal Intelligencer |News

Woman Injured in Attempt to Thwart Robbery Can't Sue Geico for Bad Faith in Denying Claim

P.J. D'Annunzio | September 24, 2018

A Walmart shopper who tried to stop a robber from escaping with his ill-gotten gains, only to be hit by the getaway car in the process, can't sue Geico for bad faith over denial of uninsured motorist benefits.
Connecticut Law Tribune |Case Digests

Continental Casualty Co. v. Parnoff

September 24, 2018

Court Grants Insurer's Motion for Judgment on the Pleadings in Dispute Over Duty to Defend in Legal Fee Dispute
The Legal Intelligencer |News

Court: Insureds' Son's Assault Was Not Covered by Homeowner's Policy

Steven A. Meyerowitz | September 20, 2018

A federal district court in Pennsylvania has ruled that an insurance company had no duty to defend its insureds' son against a lawsuit alleging that he had committed an assault after consuming alcohol and while suffering from “mental health issues.”
New York Law Journal |Case Digests

MBIA Ins. Corp. v. Credit Suisse Securities (USA) LLC

September 20, 2018

Insurer Denied Judgment on Meaning of Claims in Policy for Home Equity Mortgage Trust
Litigation Daily |Commentary

Daily Dicta: Want to Seal that Docket? Not So Fast

Jenna Greene | September 19, 2018

My pet peeve is that courts are far too willing to seal documents or dockets--but a judge in Maryland took a strong stand for transparency in a case involving a real estate nightmare.
New York Law Journal |Analysis

Cross-Examination: Beyond Lead, Lead, Lead

Ben Rubinowitz and Evan Torgan | September 18, 2018

Trial Advocacy columnists Ben Rubinowitz and Evan Torgan write: To be effective with cross-examination, the trial attorney must know what her objective is and how to get there. All crosses must start at the end—with what attorney intends to prove. Once the attorney knows what she intends to prove, she can use different techniques such as changing the tone of her voice, focusing the question for the witness, asking low risk open ended questions and making statements with a question at the end.
New York Law Journal |Analysis

Defense Costs Coverage 101

Howard B. Epstein and Theodore A. Keyes | September 18, 2018

Corporate Insurance Law columnists Howard B. Epstein and Theodore A. Keyes write: Upon receipt of a claim, the risk manager or in-house counsel should coordinate with the company's insurance broker to make sure notice is submitted to the insurer. However, even earlier, in anticipation of claims, counsel should review the terms of the relevant insurance policies and develop an understanding of the defense cost coverage provisions.
Texas Lawyer |Case Digests

Hager v. DBG

September 17, 2018

Hager sued DBG for violating COBRA's notice requirements by discontiuing its health plan without notice to Hager.
Texas Lawyer |Case Digests

Bloom v. Aftermath Public Adjusters

September 17, 2018

Bloom is the substitute plaintiff and appellant for his grandmother, Gracie Reese, who sued appellees for negligence and breach of contract for their failure to timely submit proof of her loss to her insurance company seven years after the alleged negligence and breach.
Connecticut Law Tribune |Case Digests

Tamburri v. White

September 17, 2018

Driver With Insurance Coverage Not Entitled to Coverage Under Parents' Policy
The Legal Intelligencer |News

Court: Deducting Premiums for Expired Policies Isn't Bad Faith—But It May Be Conversion

Steven A. Meyerowitz | September 12, 2018

A federal district court in Pennsylvania has rejected a bad-faith claim against a life insurer brought by a married couple that alleged that it had continued to deduct premiums from their bank account after the policies had expired—although the court did permit the couple to proceed with their claim for conversion.
The Legal Intelligencer |News

3rd Circ.: Judge Was Right to Award Nothing After 'Outrageously Excessive' $1M Fee Request

P.J. D'Annunzio | September 12, 2018

A federal appeals court has upheld the denial of a $1 million fee request by a Scranton attorney in an auto insurance case that produced a verdict almost a tenth of the requested legal compensation. In its denial, the Third Circuit, joining other circuit courts, also held that it is within a judge's discretion to award no attorney fees at all, especially if the fee request is deemed "outrageously excessive."
Daily Business Review |News

Citizens Property Insurance Eyes 'Assignment of Benefits'

Jim Turner | September 12, 2018

Assignment of benefits, which involves policyholders signing over insurance claims to contractors, has been highly controversial in recent years, particularly involving water-damage claims.
Daily Report Online |Case Digests

National Casualty Company v. Georgia School Boards Association - Risk Management Fund

September 12, 2018

Court Answers Certified Question in Favor of Commercial Insurer in Dispute over Overlapping Coverage with State School Boards' Interlocal Risk Management Fund
New York Law Journal |Case Digests

Talisman Servs v. Hermitage Ins.

September 11, 2018

Policy Clear, Unambiguously Did Not Cover Property of Others; Insurer Granted Dismissal
Connecticut Law Tribune |Case Digests

Gov't Employees Ins. Co. v. Barros

September 10, 2018

Statutes of Limitations Not Applicable to Insurer's Subrogation Claim
Daily Report Online |News

Georgia Federal Judge Rules Insurer's Firearms Exclusion Was Too Ambiguous to Bar Coverage

Steven A. Meyerowitz | September 06, 2018

The district court explained that, under one reasonable interpretation, the exclusion could be read to mean that only the insured's use of “firearms” was included. Under an “equally reasonable interpretation,” the district court continued, the exclusion could be read to deny coverage for “bodily injury” resulting from any use of “firearms,” including by a third party.
New York Law Journal |Expert Opinion

Insurers Overcome Defendants' Efforts to Delay or Avoid Judgment Day

Evan H. Krinick | September 06, 2018

In his column on Insurance Fraud, Evan H. Krinick, looks at how insureds are raising a variety of arguments in an effort to delay—and sometimes to significantly delay—the insurers' actions.
New York Law Journal |Case Digests

D'Andrea v. Encompass Ins. Co. of Am.

September 05, 2018

Willful Misrepresentations, Policy Breaches Give Insurer Basis to Deny Coverage After Fire
Connecticut Law Tribune |Case Digests

Assoc. Constr. v. The Hanover Ins. Co.

September 04, 2018

Majority of General Contractor's Claims Against Surety Survive Summary Judgment
The Legal Intelligencer |Case Digests

Pallante v. Those Certain Underwriters at Lloyd's, London

September 04, 2018

Court granted insurer's motion for summary judgment against policy holder on its counterclaim of common law fraud, rescinded the policy ab initio and awarded damages. After a fire at homeowner's house for which insurer provided coverage, homeowner alleged certain personal property was stolen but analysis showed that the photographs she provided of the allegedly stolen property were all taken after the alleged theft. Granted in part and dismissed in part.
The Legal Intelligencer |Commentary

Insurances Worthy of Attention for Entity-Level Health Care Transactions

Vasilios J. Kalogredis | August 31, 2018

Health care lawyers may assist their clients with negotiating favorable terms in any merger, acquisition, asset purchase or other large-scale, entity-level transaction.
New York Law Journal |News

State Ramps Up Challenge to NRA's First Amendment Claims

Dan M. Clark | August 31, 2018

The state had three arguments against the NRA's First Amendment claims in its new brief.
New York Law Journal |Case Digests

S&R Med. PC v. Hereford Ins.

August 31, 2018

Insurer Fails to Establish Medical Rationale for Asserted Lack of Medical Necessity Claim
Daily Report Online |Commentary

'Pollutant' Definition by Georgia Federal Judge Smells Bad, Lawyers Argue

Michael H. Sampson and Caroline M. Upton | August 30, 2018

The court's decision clearly ignores Justice Carol Hunstein's wise warning, yielding an absurd result.
The Legal Intelligencer |News

3rd Circ. Gives Insurers Weapon Against Restaurants That Serve Intoxicated Patrons

Steven A. Meyerowitz | August 29, 2018

The Third Circuit has ruled that an insurer could bring an action for contribution under state law against a restaurant that allegedly overserved alcohol to its insured, rejecting the restaurant's claim that the Dram Shop law precluded the insurer's suit.
Delaware Law Weekly |Case Digests

Progressive Cas. Ins. Co. v. Bowman Trailer Leasing, LLC

August 29, 2018

A negligence action filed in another jurisdiction qualified as a prior pending proceeding, and the court granted a stay as to an insurer's later-filed declaratory relief action.
The Legal Intelligencer |Case Digests

Lovelace v. Nationwide Mut. Ins. Co.

August 28, 2018

Insurance company's motion to dismiss plaintiff's UTPCPL claim on the basis of the economic loss doctrine failed because the Pennsylvania intermediate courts had clearly ruled contrary to the third circuit's prediction that the Pennsylvania courts would apply the doctrine to bar UTPCPL claims. Motion denied.
The Legal Intelligencer |Commentary

Consumer Privacy Act and Its Implications for Insurers Doing Business in Calif.

Francoise Gilbert, Fred E. Karlinsky and Christian Brito | August 27, 2018

Data privacy remains one of the most significant concerns facing the insurance industry. A flurry of new and evolving data security and privacy laws and regulations are re-shaping the regulatory landscape, making it more difficult for companies to avoid exposing themselves to regulatory and other legal risk.
The Legal Intelligencer |

Insurance Law

The Legal Intelligencer | August 27, 2018

In the Legal's Insurance Law supplement read about federal flood insurance, the law-liability insurance debate and balance billing practices in Pennsylvania and other states.
New York Law Journal |Case Digests

Cabrera-Verduzo v. Shortis

August 27, 2018

Lead Vehicle Driver Granted Dismissal of Counterclaim on Ground He Was Not Negligent
Texas Lawyer |Case Digests

Biasatti v. GuideOne National

August 27, 2018

This case involves a dispute between commercial property owners and their insurance company.
The Legal Intelligencer |Commentary

States' Efforts to Ban Balance Billing Practices Is No 'Surprise'

Steven B. Davis and Adam J. Petitt | August 24, 2018

Beyond a routine annual check-up and an apple a day in hopes of keeping the doctor away, individuals enrolled in private health benefit plans generally are not keen to see the inside of a hospital or emergency department.
New Jersey Law Journal |News

No State Defense for Local Cop 'On Loan' to Multiagency Unit

Charles Toutant | August 24, 2018

The Attorney General's Office's obligation to defend and indemnify county prosecutors for alleged tortious conduct does not extend to a municipal police officer who was sued over his actions while "on loan" to a regional task force, the Appellate Division has ruled.
Litigation Daily |Q&A

Litigator of the Week: Morgan Lewis' Geri Edens Wins a Lifeline for Children's Hospitals

Jenna Greene | August 24, 2018

A former nurse, Morgan, Lewis & Bockius partner Geri Edens is helping some of the nation's largest pediatric hospitals stay afloat via a series of successful suits challenging a new Medicaid payment regime,
The Legal Intelligencer |Commentary

Navigating Liens in Third-Party Liability Actions in Personal Injury Cases

Scott M. Simon and Robert F. Daley | August 24, 2018

Attorneys who handle personal injury cases are not only confronted with the facts in the underlying third-party action—but also with the responsibility to investigate and resolve liens associated with treatment provided for the injuries alleged by the plaintiff.
The Legal Intelligencer |Commentary

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

Jay M. Levin and Megan K. Shannon | August 24, 2018

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.
The Legal Intelligencer |Commentary

Declaratory Judgment Actions in Faulty Workmanships Claim Submissions

Christopher J. Tellner | August 23, 2018

No matter how much lipstick claimants and policyholders put on claims arising from faulty workmanship, they still remain a nonoccurrence under CGL policies.
New Jersey Law Journal |Analysis

Gulf Increases Between NY and NJ Insurance Coverage Law

Robert D. Chesler | August 23, 2018

The 'Honeywell' and 'Keyspan' decisions starkly demonstrate the fundamental difference in insurance philosophy between the two states.
Daily Business Review |Commentary

Too Drunk to Ride? Ride-Sharing Services May Drop Loyal Clients

Robert F. Lewis | August 23, 2018

With ride-share services appealing increasingly to late-night partygoers, Uber seems to be taking more seriously the risks associated with these passengers—particularly the drunk ones.
New York Law Journal |Case Digests

Marcelo v. Elmoudni

August 23, 2018

Defendants Fail to Show for Depositions; Testifying on Liability, Proximate Cause Barred
The Legal Intelligencer |Commentary

Restatement of the Law-Liability Insurance Debate Now Shifts to Its Impact

Gregory LoCasale and John Anooshian | August 22, 2018

Eight years and 29 drafts later, the American Law Institute (ALI) voted on May 22, to approve its “Restatement of the Law-Liability Insurance” (Restatement or RLLI).
The Legal Intelligencer |Case Digests

Rothschild v. Lancer Ins. Co.

August 21, 2018

An insurer acted in bad faith where it defended a claim, but intended to later avoid payment based on an endorsement. The court awarded compensatory damages, attorney fees and punitive damages.
Texas Lawyer |Case Digests

Adkins v. Silverman

August 20, 2018

The FCIC is statutorily required to calculate expected farm yields in a particular manner so that crop insurance policies can be issued and one method is to use actual production history.
Connecticut Law Tribune |Case Digests

Discuillo v. Allstate Ins. Co.

August 20, 2018

Plaintiff Waived Its Right to Demand Appraisal By Its Litigation Conduct
Connecticut Law Tribune |Case Digests

Binnie Mae Jones v. Metro. Prop. & Cas. Insur. Co.

August 20, 2018

Court Upholds Under-Insured Motorist Coverage Reduction By Payments Made On Behalf Of Tortfeasor
Connecticut Law Tribune |Case Digests

Assoc. Constr. v. The Hanover Ins. Co.

August 20, 2018

Broker Granted Summary Judgment on Indemnification and "Comparative Indemnity" Claims
Texas Lawyer |Commentary

When an Autonomous Vehicle Crashes, Who Pays for Damages?

Quentin Brogdon | August 16, 2018

The consistent prediction is that there will be fewer total crashes as AVs become more proliferate. But just how many fewer crashes will occur, and what will those crashes cost insurance companies?
The Legal Intelligencer |News

Ruling That Reinsurers Can Owe Defense Costs Beyond Policy Limits Stands

Zack Needles | August 16, 2018

The Pennsylvania Supreme Court will not disturb a first-impression ruling by the state Superior Court that, unless explicitly stated otherwise, a reinsurer's policy limit does not cap defense costs.
Daily Business Review |Commentary

Clock Ticks for Irma Insurance Claims: Don't Leave Money on the Table

Walter J. Andrews and Cary D. Steklof | August 14, 2018

With the one-year anniversary of Hurricane Irma fast approaching on Sept. 10, policyholders who are still involved in insurance disputes may soon be forced to decide whether to file suit.
The Legal Intelligencer |Case Digests

Preferred Contractors Ins. Co, RRG, LLC v. Sherman

August 14, 2018

Trial court erred in granting summary judgment against insurer on coverage issues because there were genuine issues of material fact as to whether appellee contractor had notice of roofing exclusion. Vacated in part, affirmed in part and remanded.
The Legal Intelligencer |Case Digests

Sunday v. Berkshire Hathaway Homestate Ins. Co.

August 14, 2018

One insurance company's motion for summary judgment was granted and another company's motion was denied in an action for breach of contract. Granted in part, denied in part.
The Legal Intelligencer |News

Pa. Federal Judge Says Insureds Can Bring UTPCPL Claims Against Insurers

Steven A. Meyerowitz | August 13, 2018

A federal district court in the Eastern District of Pennsylvania, recognizing an intra-district split that has been going on for a few years, has ruled that an insured's claim against his insurer under Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) was not barred by the economic loss doctrine.
Daily Report Online |Commentary

How to Balance Obligations to Your Clients and Their Insurers

Shari L. Klevens and Alanna Clair | August 13, 2018

This can be a complex relationship by which insurer and policyholder can share a privilege, but where the insurer may have the right to control or direct the defense.
National Law Journal |News

Judge: Reinsurers Not Liable for $26M Judgment for Failed Loan Linked to Glacial Energy Collapse

Greg Land | August 09, 2018

U.S. District Judge Trevor McFadden said he had no jurisdiction to hold a group of foreign-based reinsurers liable for a $26 million arbitration award that followed the 2014 bankruptcy of Glacial Energy Holdings.
The Legal Intelligencer |Commentary

With Subrogation, It's the Injured Worker Left Paying the Price

Maureen “Morty” Cassidy | August 09, 2018

As plaintiff lawyers, we are familiar with the plight of the innocent victim following an injury. We regularly have conversations where an injured individual is forced to remortgage a home or sell property for financial support.
New York Law Journal |Expert Opinion

EUO/IME No-Show: Is the Split in the First and Second Departments Narrowing?

David M. Barshay | August 08, 2018

An insurer may require that an applicant for no-fault benefits, be it the injured person or his/her medical provider, appear for an examination under oath (EUO) to answer questions pertaining to his/her eligibility to collect benefits.

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Atlanta, GA 30303
800-898-4297
www.garymartinhays.com
Smith & Hassler
225 N Loop W #525
Houston, TX 77008
(877) 777-1529
www.smithandhassler.com

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