Insurance Litigation

The Legal Intelligencer |Commentary

Cybersecurity Due Diligence in M&A Transactions

Sharon R. Klein and Taylor Jon Torrence | June 22, 2018

As former SEC Commissioner Luis Aguilar aptly stated: “boards that choose to ignore, or minimize, the importance of cybersecurity oversight responsibility, do so at their own peril.”
The Legal Intelligencer |

Nurse Claimed Lasting Injuries From Crash; Defense Disagreed

VerdictSearch | June 21, 2018

On Aug. 7, 2015, plaintiff Guirlene Jean-Baptiste, 47, a certified nursing assistant, was driving in stop-and-go traffic on Roosevelt Boulevard, in Northeast Philadelphia. When she was near Cottman Avenue, her sedan was rear-ended by another car. She claimed permanent neck injuries.
The Legal Intelligencer |Commentary

Mitigating Security Risk in Cloud Offerings Through Diligence, Oversight

Barbara Melby and Katherine O'Keefe | June 21, 2018

Cloud services have shifted from emerging to mainstream, with companies in even the most risk-adverse industries exploring and adopting cloud-based solutions.
Daily Business Review |Commentary

Learning from Hurricane Irma: Properly Insuring and Protecting Your Business

Gina Clausen Lozier and Christopher B. Choquette | June 21, 2018

Hurricane Irma is not a distant memory for most of South Florida and yet we find ourselves already facing the next hurricane season.
New York Law Journal |Case Digests

Regal Acupuncture PC v. GEICO Gen. Ins.

June 21, 2018

Insurer's Attorney Affirmation Conclusory, Denying Severance of Claims For Some Assignors
Connecticut Law Tribune |Analysis

Court Rejects Bid to Appraise Insured's Damage While Coverage Was in Dispute

Steven A. Meyerowitz | June 20, 2018

A federal district court in Connecticut has ruled that an insurance policy's appraisal clause did not require arbitration of a dispute over coverage…
New Jersey Law Journal |

Attempt to Extinguish Workers' Comp Lien on High-Low Settlement Rejected

Charles Toutant | June 20, 2018

A New Jersey appeals court has ruled that a regulation exempting high-low agreements from a mandate on reporting medical malpractice settlements to state agencies doesn't protect the proceeds of such accords from a workers compensation lien.
The Recorder |Expert Opinion

Unanimous Calif. Supreme Court Finds Negligent Hiring and Supervision Invokes Coverage

JoLynn M. (Pollard) Scharrer and Jennifer Tung | June 20, 2018

It's official: the negligent hiring and supervision of an employee who goes on to intentionally injure a third party may constitute an “occurrence” that triggers coverage under a general liability insurance policy.
New York Law Journal |Case Digests

Tohirov v. Syed

June 18, 2018

Injured Driver Raises Fact Issue of 'Serious Injury' Sufficient to Defeat Summary Judgment
Connecticut Law Tribune |Case Digests

Sarfaty v. U.S. Liability Insurance Co.

June 18, 2018

Policy Exclusion for Joint Ventures Barred Coverage
Connecticut Law Tribune |Case Digests

Rosenberger v. Amica Mutual Ins. Co.

June 18, 2018

Pre-2006 Policies Might Provide Coverage for Homeowners Claim Arising from Cracking Walls
Connecticut Law Tribune |Case Digests

Brubaker v. Ranciato

June 18, 2018

CUIPA Claim Adequately Stated Claim Under CUTPA
New York Law Journal |Analysis

Court of Appeals Rejects Unavailability of Insurance Exception

Howard B. Epstein and Theodore A. Keyes | June 15, 2018

Read about this important decision in the Corporate Insurance Law column by Howard B. Epstein and Theodore A. Keyes.
Daily Report Online |News

Settlement Ends Insurer's Bid to Dodge $5.3M Excess Judgment

Greg Land | June 15, 2018

A few days after the Georgia Court of Appeals upheld several rulings by a DeKalb County judge in the underlying trial, Safe Auto Insurance settled its federal claims against the estate of a woman killed by a drunken driver.
New York Law Journal |Case Digests

Toussie v. Allstate Ins. Co.

June 15, 2018

Preservation Order Stands as to 58 Boxes of "Stolen" Items Stored After Hurricane Sandy
New York Law Journal |Case Digests

AEI Life LLC v. Lincoln Benefit Life Co.

June 15, 2018

New York 'Center of Gravity' Bars Nebraska Insurer's Challenge to Life Policy's Validity
New Jersey Law Journal |

Fees Awarded to Insurers in Dispute Among Conservative Activist Schlafly's Family, Followers

Charles Toutant | June 13, 2018

But the underlying dispute between her children and followers appears far from resolution.
New York Law Journal |Analysis

Statute of Limitations and Severance of Claims

David M. Barshay | June 13, 2018

In this No-Fault Insurance Wrap-Up, David M. Barshay explains the statute of limitations for an action to recover no-fault insurance benefits against a self-insured. He also looks at motions to sever purportedly unrelated claims.
New Jersey Law Journal |

Bill Mandating Liability Coverage for Employers, Landlords Gains Traction

Michael Booth | June 12, 2018

A committee of the New Jersey Legislature has recommended passage of a bill that would require employers and owners of multiple-dwelling properties to maintain liability insurance policies of at least $500,000.
New Jersey Law Journal |Profile

'Deep Relationships' With Clients Fueled Strong 2017, Connell Foley Says

David Gialanella | June 11, 2018

We are intimately familiar with the New Jersey court system and the numerous insurance laws and corollary regulations impacting businesses operating (or partnering) in the state. ... In this era of ever-growing, multi-jurisdictional practice, our deep New Jersey roots offer an invaluable service to our institutional clients.
Texas Lawyer |Case Digests

Texas Windstorm v. Dickinson

June 11, 2018

After sustaining damage in Hurricane Ike, appellee made a claim on a windstorm and hail commercial insurance policy issued by appellant.
Connecticut Law Tribune |Case Digests

Spears v. Liberty Life Assurance Company of Boston

June 11, 2018

ERISA §502(a)(3) Claim Barred by Law of the Case
Connecticut Law Tribune |Case Digests

Quinn Fable Advertising, Inc. v. Sentinel Insurance Company, Ltd.

June 11, 2018

Breach of Good Faith and Fair Dealing Dismissed as Redundant of Breach of Contract Claim
Connecticut Law Tribune |Case Digests

ACE Property and Casualty Insurance Company v. Liberty Mutual Fire Insurance Company

June 11, 2018

Dispute Between Carriers Stayed Pending Resolution of Underlying Suit
New York Law Journal |Case Digests

Perez v. Foremost Ins. Co.

June 08, 2018

After Parties Realigned Insurer Satisfies 28 USC§1446(b)(2)(A), Rule of Unanimity
Texas Lawyer |News

It's Old-Home Day at Akerman With Houston Lateral Hires

Brenda Sapino Jeffreys | June 07, 2018

David Clark and Kristen McDanald, new partners at Akerman in Houston, have reunited with former co-workers from now-defunct Beirne, Maynard & Parsons.
The Legal Intelligencer |Commentary

All Builder's Risk Insurance Policies Are Not Created Equal

Joshua Lorenz and Craig Ream | June 07, 2018

Most construction contracts require project leaders to obtain builder's risk insurance—in fact, it's become standard practice within the industry over the years.
The Legal Intelligencer |News

High Court to Mull Legality of Unlisted Resident Driver Exclusions

Zack Needles | June 07, 2018

The Pennsylvania Supreme Court is now set to decide whether motor vehicle insurers can exclude coverage for nonfamily members who live with the vehicle owner but are not specifically included in the policy.
New York Law Journal |Case Digests

Active Care Med. Supply v. Am. Tr. Ins.

June 07, 2018

Both Parties' Motions For Judgment in No-Fault Insurance Claim Action Denied
The Recorder |Case Digests

Danny P. v. Catholic Health Initiatives

June 07, 2018

Parity Act barred health plan from imposing greater restrictions on mental health benefits than on medical and surgical benefits
Daily Report Online |News

Defense Lawyer Switches Sides and Wins $20M for Tractor Driver

Katheryn Tucker | June 06, 2018

“It's easy to do legal work for people you believe in,” Earl McCall said. “Whether you're on the defense side or the plaintiff's side, it just adds a little extra joy for me if you believe in the people you are representing.”
The Legal Intelligencer |News

$21M Bad Faith Verdict Is Tossed Again on Reconsideration

Max Mitchell | June 06, 2018

A Pennsylvania Superior Court panel that agreed to reconsider its decision tossing a high-profile $21 million verdict has largely reinstated the result in a new, only slightly revised, opinion.
The Recorder |Analysis

California Supreme Court Finds Valid Insurance Coverage Claim Even If Employee Intentionally Caused Injury

Steven A. Meyerowitz | June 06, 2018

The court found that an employee who intentionally injures a third party can amount to an “occurrence” under an employer's commercial general liability insurance policy when the third party sues the employer.
The Recorder |Case Digests

Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, Inc.

June 05, 2018

Injuries resulting from employee's unexpected criminal act may be deemed "accidental" for purposes of employer's liability coverage
The Recorder |Case Digests

Port Medical Wellness, Inc. v. Connecticut General Life Insurance Company

June 05, 2018

Medical provider's state law claims against ERISA plan preempted by ERISA
The Legal Intelligencer |Commentary

Anthem Challenged Over Medical Coverage Policy Changes

Vasilios J. Kalogredis | June 04, 2018

In 2017, insurance company Anthem, Inc. began implementing new medical coverage policies that affect emergency services and medical imaging.
The Recorder |Analysis

If Insurers Want To Recover Costs Of Investigating Fraudulent Claims, They May Have To Start Keeping Time Sheets

Steven A. Meyerowitz, Esq., Director, FC&S Legal | June 04, 2018

After a California appellate court ruling, it seems insurers who want to recover the costs of investigating fraudulent claims may need to maintain records demonstrating how much time they spend looking into each individual claim.
Daily Business Review |

Jury: Owner Blameless in Installer's Fall From Ladder

Verdict Search | June 04, 2018

The jury finds for a homeowner in a fall during the installation of hurricane shutters.
New York Law Journal |Case Digests

Quinn v. Moss

June 04, 2018

Summary Judgment Granted That Plaintiffs Did Not Sustain 'Serious Injury" Under §5102(d)
Connecticut Law Tribune |Case Digests

Puente v. Progressive Northwestern Insurance Company

June 04, 2018

Commercial Automotive Insurer's Underinsured Motorist Benefits Not Triggered by Accident
The Legal Intelligencer |News

Appeals Court to Reconsider $21M Bad-Faith Award It Had Previously Thrown Out

Max Mitchell | June 01, 2018

The Superior Court issued a per curiam order agreeing to have the three-judge panel reconsider its decision in Berg v. Nationwide Mutual Insurance. The order further withdrew the panel's previous decision, and said the parties did not need to file any additional briefs regarding the case.
The Legal Intelligencer |Commentary

The Coming and Going Rule Revisited: Three Cases to Consider

Christian Petrucci | June 01, 2018

A basic tenant of workers' compensation law is that commuting to and from work is not considered to be within the course and scope of one's employment. Of course, like most legal principles, the so-called “coming and going rule” does have exceptions.
Texas Lawyer |Commentary

The Imperfect Storm: Harvey Litigation Will Be Fought Under Hailstorm Bill's Rules, While 'Menchaca' Looms in the Background

Stephen Pate | June 01, 2018

while there is something good for both the policyholder and for the carrier in recent statutes and rulings impacting Harvey litigation, it remains to be seen whether the volume of Harvey litigation will reach Hurricane Ike levels.
Texas Lawyer |Commentary

How Extra-Contractual Damages Can Protect Insureds From Obstinate Insurance Companies

Ernest Martin Jr. and Michael Stoner | June 01, 2018

Extra-contractual damages provide crucial protection for insureds dealing with obstinate insurance companies who fail to uphold their end of the special relationship.
New York Law Journal |Case Digests

Walsh v. Empire Blue Cross/Blue Shield Inc.

June 01, 2018

Union's Benefits Plan Did Not Cover Experimental, Investigational Botox Injections
Texas Lawyer |Best Practices News

Disability Leads Dallas Sidley Austin Partner to Create Support Group

John Council | May 31, 2018

When Sidley Austin partner Mike Hatcher was 23 years old, he was a U.S. Air Force fighter pilot with dreams of becoming the first astronaut to land…
The Legal Intelligencer |News

Justices: Heart and Lung Benefits Preclude Subrogation Under MVFRL

Zack Needles | May 31, 2018

The Pennsylvania Supreme Court has limited the ability of some self-insured public employers to recover money paid out to workers injured in motor vehicle accidents and, in the process, cleared up an unsettled area of law.
The Recorder |Analysis

Insurers Did Not Have To Cover Environmental Clean-Up Costs Incurred By Insured Under Consent Order

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 31, 2018

A federal district judge in Los Angeles, applying California law, found that insurers did not have a duty to defend Arrow Electronics Inc. with respect to claims related to water contamination from a Huntsville, Alabama rocket testing site.
New York Law Journal |Case Digests

Petrilli v. Adirondack Ins. Exchange

May 31, 2018

No Specifics How Parent Controlled Subsidiary Requires Dismissal of Contract Breach Claim
National Law Journal |Profile

Steptoe & Johnson

Rich Acello | May 28, 2018

A major asbestos-related insurance coverage dispute ruling at the Fourth Circuit will have lasting significance not only as Maryland law, but likely will be followed in other circuits around the country.
Texas Lawyer |Case Digests

Sierra Equipment v. Lexington Insurance

May 28, 2018

Sierra leased various pieces of heavy construction equipment to LWL Management according to a lease agreement.
Connecticut Law Tribune |Case Digests

Millo v. Hanover Insurance Company

May 28, 2018

Dispute Over Workers' Compensation Benefits Dismissed For Lack of Ripeness
Connecticut Law Tribune |Case Digests

General Insurance Company of America v. Okeke

May 28, 2018

Insurer Had No Duty to Defend Insureds in Third Party Action Brought by Assault Victim
Connecticut Law Tribune |Case Digests

Fongemie v. Safeco Insurance Company of Illinois

May 28, 2018

Jury Verdict Not Manifestly Unjust Or Excessive
Connecticut Law Tribune |Case Digests

Evanston Insurance Co. v. William Kramer & Associates, LLC

May 28, 2018

Continuing Course of Conduct Doctrine Question Certified to Connecticut Supreme Court
Connecticut Law Tribune |Case Digests

Angus v. Maxum Indemnity Company

May 28, 2018

Prior Notice Provision Precluded Coverage
The Legal Intelligencer |News

Motel Targeted in Sex Trafficking Lawsuit Loses Insurance Coverage

Max Mitchell | May 25, 2018

An insurance carrier has no obligation to defend against a lawsuit aimed at holding a motel liable for sex trafficking that occurred on its premises.
Daily Business Review |Commentary

Fla.'s Insurance Industry and the Use of Managed Repair Contractors

Jason Wolf | May 25, 2018

Once again, Florida's insurance industry is using managed repair as both a sword and a shield. As usual, and for good reasons, insurance companies insist on using their managed repair contractors, because it prevents runaway costs.
Daily Report Online |News

Tex McIver, Dani Jo Carter Hit With Wrongful Death Lawsuit

R. Robin McDonald | May 25, 2018

The court-appointed administrator of Diane McIver's estate has authorized the lawsuit against McIver's husband and the sole witness to the shooting.
Delaware Business Court Insider |News

Del. Judge Denies Interest in Asbestos Coverage Dispute

Tom McParland | May 24, 2018

A Delaware judge on Wednesday rejected what he called a "peculiar" motion by an industrial pump manufacturer seeking prejudgment interest against excess insurers in a dispute over millions of dollars in asbestos-injury coverage, observing that no court had ever granted such a request without first finding damages.
The Legal Intelligencer |Commentary

The Ineffective Common Law Right to Privacy in Workers' Comp Claims

Taylor J. Cohen | May 24, 2018

It is well understood that all individuals have an interest in privacy, but in the context of workers' compensation, that privacy right often succumbs to an employer's legitimate business interest
Texas Lawyer |News

Lien On Me: Reimbursement Rates Ruling Seen as Game-Changer For Medical Billing Litigation

John Council | May 24, 2018

A recent Texas Supreme Court decision that forces a Houston hospital to disclose reimbursement rates charged to insured patients versus uninsured patients will almost certainly be felt in so-called hospital lien cases, some Texas attorneys believe the decision could be applied to a range of other civil cases in which the reasonableness of a party's charges is at issue.
The Legal Intelligencer |Commentary

Litigating a Ride-Sharing Accident Case: Keeping Up-to-Date Is Key

Will Sylianteng | May 24, 2018

I can remember the first time I heard the word Uber in the context of the transportation. It was only two years ago and I remember being perplexed once I received an explanation as to what an Uber was.
The Recorder |Expert Opinion

Three Keys to Addressing Liability Questions in Autonomous Vehicle Accidents

Mark S. Raffman and Charles T. Cox | May 23, 2018

Autonomous vehicles may save lives, but legal frameworks will need to evolve to effectively foster adoption while compensating accident victims.
Texas Lawyer |News

Texas Court Fast-Tracked An Insurance Coverage Trial. State Farm Appealed ... And Slowed It Down.

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 23, 2018

Texas Rule of Civil Procedure 169 creates an expedited actions process for lawsuits in which all claimants affirmatively plead that they seek only monetary damages aggregating $100,000 or less. That does not mean, however, that every case where a plaintiff seeks damages of that amount will be expedited.
New York Law Journal |In Brief

Manhattan Attorney Decried as Racist Apologizes on Twitter

Susan DeSantis | May 22, 2018

One of the reasons I moved to New York is precisely because of the remarkable diversity offered in this wonderful city," he said. "I love this country and this city, in part because of immigrants and the diversity of cultures immigrants bring to this country.
The Recorder |Analysis

California Insurance Broker Did Not Have To Advise Life Insurance Beneficiary How To Protect Her Interest

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 22, 2018

The Second District Court of Appeal ruled there was “no legal basis” to find an insurance broker liable for failing to advise a beneficiary of a life insurance policy how to protect her interest under the policy.
Texas Lawyer |Commentary

Controverting Affidavits for Medical Expense Calculations in PI Cases

Meloney Perry | May 22, 2018

Using controverting affidavits effectively and efficiently remains a constant battle in Texas personal injury cases. The controversy over controverting…
Texas Lawyer |Case Digests

Jody James Farms v. The Altman Group

May 21, 2018

Jody James Farms, JV purchased a Crop Revenue Coverage Insurance Policy from Rain & Hail, LLC through Altman Group, an independent insurance agency.
Connecticut Law Tribune |Case Digests

Roy v. Covenant Insurance Company

May 21, 2018

Insurance Policy's Suit Limitation Provision Barred Untimely Lawsuit
Connecticut Law Tribune |Case Digests

Arroyo v. State Farm Fire and Casualty

May 21, 2018

Triable Issue As to Reasonableness of Reliance on Police to Provide Third-Party Motorist's Insurance Information
Daily Business Review |Profile

Steven Brodie Speaks of Eclectic Legal Career, Diverse Civic Involvement

Lidia Dinkova | May 18, 2018

The Carlton Fields shareholder focuses on insurance litigation and, like his late father, civic outreach.
The Legal Intelligencer |News

Lamb McErlane Tangles Once Again With Its Legal Malpractice Insurer

Zack Needles | May 16, 2018

Less than three months after a federal judge ruled West Chester-based Lamb McErlane was not entitled to coverage by Allied World Insurance Co. for a $557,001 professional liability claim arising out of an estate case, the law firm and its insurer are embroiled in a new malpractice coverage dispute involving a separate underlying case.
Daily Report Online |News

$1.7M Car Wreck Verdict Includes $500K for 'Frivolous' Defense

Greg Land | May 16, 2018

Plaintiff attorney Jon Pope said he initially thought the defense's sudden admission that the plaintiff was injured was a "brilliant trial strategy" designed to throw him off guard.
The Recorder |Case Digests

Albert v. Truck Insurance Exchange

May 16, 2018

Alleged invasion of right of private occupancy need not be physical
The Recorder |Case Digests

Dowdy v. Metropolitan Life Insurance Company

May 16, 2018

Preexisting condition not shown to have "substantially contributed" to insured's loss
New York Law Journal |Analysis

Self-Insurance and the Statute of Limitations

Jonathan A. Dachs | May 15, 2018

Insurance Law columnist Jonathan A. Dachs writes: A recent split decision of the Court of Appeals has answered an interesting question regarding whether the six-year statute of limitations under CPLR 213(2) or the three-year statute of limitations under CPLR 214(2) is applicable to a dispute with respect to the payment of no-fault (PIP) benefits by a self-insurer, and, in so doing, has raised several questions still to be answered
New York Law Journal |Case Digests

Global Reinsurance Corp. of Am. v. Century Indem. Co.

May 15, 2018

District Court Must Interpret Reinsurance Contracts Using Standard Principles
Connecticut Law Tribune |Case Digests

Fortin v. Insurance Company of the State of Pennsylvania

May 14, 2018

Carrier Prevails in Another Case Involving Cracks in Basement Walls
The Legal Intelligencer |Commentary

The Municipal Cost Recovery Doctrine and Pa.'s Ongoing Opioid Crisis

Clay Flaherty | May 11, 2018

As the number of municipalities filing lawsuits against pharmaceutical companies related to the ongoing opioid crisis continues to multiply, a quiet doctrine of Pennsylvania case law might undercut the ability of local governments to ultimately recover damages.
Texas Lawyer |News

NRA Sues NY Gov., Regulator Over Fines Against Gun Owner Liability Insurers, Broker

MP McQueen | May 11, 2018

A battle over gun insurance may be forming with a New York regulator fining insurers and brokers of National Rifle Association-branded policies for selling policies within the state that cover legal costs connected with criminal defense expenses that might arise from legal gun ownership.
New Jersey Law Journal |Analysis

Appellate Division Clarifies a Liability Insurer's Right to Invoke Policy Defenses

Nabila Saeed | May 11, 2018

The court in 'Northfield Ins. Co. v. Mt. Hawley Ins. Co.' rejected the assertion that prejudice to the insured is presumed as a matter of law when an insurer provides a courtesy defense under a clear reservation of rights.
New York Law Journal |News

NY Regulator Fines Insurers, Broker Over NRA-Branded Gun Owner Liability Policies

MP McQueen | May 10, 2018

Fines and consent orders against a broker and insurers followed a DFS probe, which found that the NRA “Carry Guard” program provided liability insurance to gun owners and resident family members for legal costs connected with criminal defense in violation of state law. Meanwhile, the NRA is suing the broker in federal court for discontinuing the program.
Delaware Law Weekly |News

Insurers Cannot Escape Verizon Judgment, Superior Court Rules

Tom McParland | May 09, 2018

A Delaware judge has ruled that Verizon Communications Inc. is owed $48 million from insurers from having defended a shareholder suit seeking $14 billion over the telecommunication giant's spinoff of its print and electronic directories business in 2006.
New York Law Journal |Case Digests

Nadkos Inc. v. Preferred Contractors Ins. Co. Risk Retention Grp. LLC

May 09, 2018

Liability Risk Retention Act Preempts Foreign RRG's Need to Comply With Ins. Law §3420(d)
Daily Business Review |Profile

Attorney of the Year Finalist — Walter Andrews

Catherine Wilson | May 07, 2018

The head of Hunton Andrews Kurth's insurance recovery practice went into overdrive helping hurricane victims — both paying clients and pro bono people in need — in 2017.
Delaware Law Weekly |News

Judge: National Union Fire Insurance Liable for Up to $10M in Hotel Chain's Legal Costs

Greg Land | May 04, 2018

Delaware Superior Court Judge Eric Davis said that even if some of the claims in the underlying lawsuit were outside the scope of WoodSpring Hotels' policy with National Union Fire Insurance, the insurer still had a duty to defend the claims.
Daily Report Online |Analysis

11th Circuit Rules Stormwater Was a 'Pollutant' Under Insurance Policy

Steven A. Meyerowitz | May 04, 2018

The circuit court concluded, therefore, that the pollution exclusion in the Central Mutual insurance policy was unambiguous and that stormwater qualified as a pollutant under the policy.
The Legal Intelligencer |Commentary

Prescription Drug Bill, Workers' Comp System Make Strange Bedfellows

Christian Petrucci | May 03, 2018

With the stroke of a pen, Gov. Tom Wolf ended—for now—the annual effort to “change the way medical treatment is administered under the workers' compensation system” by vetoing Senate Bill 936.
New York Law Journal |Analysis

Credit Card Fraud Insurance Case Highlights Barriers to Suits Against Brokers

Evan H. Krinick | May 03, 2018

In his Insurance Fraud column, Evan H. Krinick writes: Four years ago, the New York Court of Appeals issued a decision which some thought might lead to more and more insurance brokers being sued by policyholders alleging that brokers had not obtained sufficient insurance or appropriate policies for them. Several recent cases illustrate that such claims are carefully scrutinized by the courts and make it clear that the floodgates have not opened and that brokers remain relatively well insulated from policyholder claims.
The Recorder |Analysis

Ex-Pro Football Player Received Workers' Comp Benefits. After Appearing On Survivor, He May Have To Give Them Back.

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 03, 2018

The Ninth Circuit found that an insurer could proceed with its lawsuit to claw back its $175,000 workers comp payout to Brad Culpepper, a former member of the Chicago Bears.
Connecticut Law Tribune |News

In Home Foundation Collapse Litigation, Federal Judge Certifies Thorny Insurance Question to Conn. High Court

Jason Grant | May 03, 2018

"In light of the frequency with which the collapse issue has recurred,” Judge Stefan Underhill wrote, “I now conclude that certification would save time, energy, and resources 'by enabling the state's highest court to provide a 'conclusive' interpretation of 'substantial impairment of structural integrity.'”
Texas Lawyer |News

Appellate Lawyer of the Week: Houston Attorney Wins Big Decision Forcing Hospitals to Disclose Insurance Reimbursement Rates

John Council | May 02, 2018

Houston attorney James Amaro just won a decision from the Texas Supreme Court that will force hospitals to show the difference in the reimbursement rates paid by insured patients and uninsured patients when they attempt to recover costs from civil litigants.
National Law Journal |News

New Wave of Class Actions Blame Opioid Industry for Rising Health Insurance Costs

Amanda Bronstad | May 02, 2018

The suits, filed in five states, were brought by individual persons against opioid manufacturers and distributors, and are among the few class actions filed against drugmakers and marketers.
Daily Report Online |News

Daily Report Announces 'On the Rise' Class of 2018

Jonathan Ringel | May 02, 2018

The Daily Report has identified 20 lawyers for its annual "On the Rise" list of attorneys under the age of 40 who are expected to go far in the field.Along…
Daily Business Review |Commentary

Navigating Errors and Omissions Policies: Practical Considerations for Professionals

Camilla Cohen | May 02, 2018

To protect against this exposure, attorneys and other professionals purchase errors and omissions (E&O) coverage.
New York Law Journal |News

Divided Appeals Court Establishes 3-Year Limit to Bring No-Fault Claims

Andrew Denney | May 01, 2018

Want to bring a no-fault claim against a self-insured entity such as the New York City Transit Authority? The New York Court of Appeals ruled on Tuesday that you have a three-year window to do so, settling an issue that has divided lower and appellate courts and even the high court itself.
Texas Lawyer |Case Digests

Ramirez v. GEICO

April 30, 2018

After sustaining injuries in a motor vehicle accident, appellant notified appellee, his insurer, and subsequently completed an application for benefits form.
New York Law Journal |Case Digests

Saini v. CIGNA Life Ins. Co. of New York

April 30, 2018

Insurance Law §2601, GBL §349 Claims Dismissed in Action Over Claim's Denial
Connecticut Law Tribune |Case Digests

Arbella Protection Ins. Co. v. Great American Insurance Co. of New York

April 30, 2018

Defendant Insurance Company Liable for Loss Paid By Plaintiff Insurance Company
Connecticut Law Tribune |Case Digests

City of Hartford v. Travelers Property Casualty Co. of America

April 30, 2018

No Right to Indemnification Under CGL Policy
Texas Lawyer |Case Digests

USAA Texas v. Menchaca

April 23, 2018

This was an en banc opinion that replaced the Courts April 7, 2017 opinion.
Connecticut Law Tribune |Case Digests

Liberty Transportation, Inc. v. Massachusetts Bay Insurance Co.

April 23, 2018

Plaintiff Lacked Standing to Pursue Claim for Insurance Proceeds
Connecticut Law Tribune |Case Digests

Kostin v. Pacific Indemnity Company

April 23, 2018

Insurance Policy Did Not Cover Funds Pursued by Madoff Trustee
The Recorder |Case Digests

Heckart v. A-1 Self Storage, Inc.

April 23, 2018

Storage facilitys alternative indemnity agreement not insurance subject to regulation under Insurance Code

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June 27, 2018
Philadelphia, PA

Join us as we honor those lawyers who have left an indelible mark on the legal community in Pennsylvania and beyond.

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Crafting Arbitration Clauses: How Specificity Reduces Dispute Time & Costs

| June 05, 2018

When drafting arbitration clauses, specificity matters. The last thing you want is a disagreement over the provision itself. That would defeat the purpose of the arbitration, and result in litigating the meaning of the clause.

webseminar

Gender on Trial: How Tech is Driving Diversity in Law

| May 25, 2018

Join this webcast for an understanding of how new approaches to diversity evaluation and emerging technologies can help track a firm’s performance to achieve better gender diversity in litigation.

webseminar

EDiscovery Lessons from Case Law About Spoliation

Sponsored by: Zapproved | April 23, 2018

[ON-DEMAND] Sponsored by: Keeping up with case law is challenging. New opinions come out every day, and they’re…

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Defense Litigation Associate Attorney

Boston, Massachusetts, United States

Wilson Elser's Boston office is currently seeking a Defense Litigation Associate Attorney.This is an excellent opportunity for attorneys loo...
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Construction Litigation Associate Attorney

New York, New York, United States

Wilson Elser's NYC office is currently seeking Attorneys to join our Complex Tort & General Casualty group.This is an excellent opportun...
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Defense Litigation Associate Attorney

New York, New York, United States

Wilson Elser's New York office is currently seeking a Defense Litigation Associate Attorney This is an excellent opportunity for lawyer...
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RECORD ACCESS CORPORATION

06/18/2018
NYLJ Web

RECORD ACCESS CORPORATION is pleased to announce that
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MARIAN POLOVY, LAW OFFICE OF

06/11/2018
NYLJ Web

MARIAN POLOVY, LAW OFFICE OF is pleased to give thanks to founder of the firm
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STACEY LAWRENCE

06/11/2018
NJLJ Web

In Memoriam
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Defense Litigation Associate Attorney

RECORD ACCESS CORPORATION

MARIAN POLOVY, LAW OFFICE OF

STACEY LAWRENCE

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