Insurance Litigation

Comprehensive coverage, from verdicts to rulings to trends

New Jersey Law Journal |Commentary

Fraud Is Fraud, Whenever It May Occur

Fredric Paul Gallin and Eric Harrison | March 22, 2019

OP-ED: We write in response to the article entitled “Insured's Misrepresentations in Coverage Litigation Do Not Count,” published in the Law Journal on March 4. As counsel on behalf of insurance companies, we beg to differ.
New York Law Journal |Case Digests

K.B.K. Huntington Corp. v. Hanover Ins. Co.

March 22, 2019

Property Owner's Delay in Timely Notifying Insurer of Hazard Site Claim Not Excused
The Recorder |Case Digests

Morrisv.Californiaphysicians'service

March 20, 2019

No error in ACA insurer's calculation of annual "medical loss ratio"
New York Law Journal |Analysis

Auto Insurance Complaint Rankings

Jonathan A. Dachs | March 19, 2019

In his Insurance Law column, Jonathan A. Dachs reports upon the State of New York Department of Financial Services' recently-published 2018 Automobile Insurance Complaint Ranking.
New York Law Journal |Analysis

Sexual Assault: Is There Coverage for That?

Florina Altshiler and Josh H. Kardisch | March 19, 2019

Until recently, the law in New York and elsewhere seemed settled that sexual assault can never be an “accident.” The New York Court of Appeals, however, has called the holdings in those cases into question. Thus, it is possible that coverage may exist for sexual abuse and other intentional torts even when a policy's definition of “occurrence” requires an “accident.”
The Recorder |Analysis

Widow Loses Bid for Death Benefits for Husband Killed by Tow Truck

Steven A. Meyerowitz | March 19, 2019

A federal judge has ruled that death benefits were not payable to a widow who said that her husband had been struck after he exited a tow truck and it backed over him, reasoning that he had not been “in or on” the tow truck at the time of his death.
New York Law Journal |Case Digests

Haar v. Nationwide Mut. Fire Ins. Co.

March 19, 2019

N.Y. High Court to Decide if Statute Creates Private Right of Action for Bad Faith Report
Daily Business Review |News

John Meagher Named Managing Partner of Shutts & Bowen's Miami Office

Dylan Jackson | March 18, 2019

The Shutts & Bowen partner succeeds partner and tax and international practice co-chair, Francis Rodriguez, who took over in 2014.
New York Law Journal |Case Digests

B.Z. Chiropractic PC v. Allstate Ins.

March 18, 2019

Provider Entitled to Declaratory Judgment No-Fault Claims Accrue Interest at 2% Per Month
The Legal Intelligencer |Case Digests

Precision Underground Pipe Serv., Inc. v. Penn Nat'l Mut. Cas.

March 18, 2019

Insurer had no duty to defend where the parties in question did not qualify as "additional insureds" under the insurance policy. The court granted the insurer's motion for summary judgment.
New York Law Journal |Case Digests

Starr Ins. Holdings v. U.S. Specialty Ins. Co.

March 14, 2019

Plaintiff Knew of Dishonest Acts Before Bond Incepted, Must Bear Consequences, Not Insurer
Daily Report Online |Case Digests

Unique Auto Sales, LLC et al. v. Dunwody Insurance Agency et al.

March 14, 2019

No summary judgment on an insurance coverage matter where the full insurance policy is not in the record
New Jersey Law Journal |Commentary

Veto NJ Bill Eliminating Fiduciary Duty Standard for Insurance Producers

Law Journal Editorial Board | March 11, 2019

The bill offers no principled, much less any cogent, reason for treating insurance producers differently than other fiduciaries, such as attorneys, accountants, trust officers, and stockbrokers.
Texas Lawyer |Case Digests

Mid Continent v. Petroleum Solutions

March 11, 2019

Appellant constructed and installed an underground fuel storage tank that later leaked.
The Legal Intelligencer |Case Digests

Chad & Ashley, Inc. v. White Pine Ins. Co.

March 11, 2019

The court granted an insurer's preliminary objections because the parties' insurance contract was no longer in effect on the date of the loss, and plaintiff failed to establish bad faith.
The Recorder |Case Digests

Anderson V. State Farm Mutual Automobile Insurance Company

March 11, 2019

30-day clock on removal to federal court triggered only by out-of-state defendant's actual receipt of complaint
Connecticut Law Tribune |Case Digests

Farino v. GEICO Indemnity Co.

March 11, 2019

Insured's Failure to Comply with Policy Terms Deprived Him of Any Right to Benefits
Daily Business Review |News

Pollution Exclusion Bars Insurance Coverage for Oil-Based Paint Fumes

Steven A. Meyerowitz | March 07, 2019

U.S. District Judge Ursula Ungaro dismissed a case against an insurance company facing a bodily injury claim from paint fumes in an office building.
Litigation Daily |Commentary

Daily Dicta: Zuckerman Star Teams with Lawyer/Psychotherapist to Take Down UnitedHealthcare in SF Trial

Jenna Greene | March 06, 2019

Over the last five years, the duo in a series of class actions may single-handedly have done more to force insurers to comply with their mental health and substance use disorder coverage obligations than anyone else in the country.
The Recorder |Case Digests

Insurance Company of The State of Pennsylvania v. American Safety Indemnity Company

March 06, 2019

Judgment for indemnity properly deemed "based on property damage" for purposes of recovery against judgment debtor's insurer
The Recorder |Expert Opinion

Timing Is Everything When Suing a Dead Person

Brian S. Kabateck and Stephanie Charlin | March 05, 2019

The death of a defendant before a lawsuit is filed or during the pendency of a lawsuit creates very complex issues and is procedurally taxing for any plaintiff lawyer.
Litigation Daily |Expert Opinion

When Suing a Dead Person, Timing Is Everything

Brian S. Kabateck and Stephanie Charlin | March 05, 2019

The death of a defendant before a lawsuit is filed or during the pendency of a lawsuit creates very complex issues and is procedurally taxing for any plaintiff lawyer.
The Recorder |News

Judge Finds UnitedHealthcare Coverage Guidelines Over-Emphasized Acute Problems, 'Cost-Cutting'

Ross Todd | March 05, 2019

A federal judge in San Francisco has found that an affiliate of the nation's largest health insurer breached its fiduciary duty to policyholders by following coverage guidelines for mental health problem and substance abuse issues that resulted "in a significantly narrower scope of coverage than is consistent with generally accepted standards of care."
Daily Report Online |News

11th Circuit Junks Body Shops' Antitrust Claims Against State Farm, Other Carriers

Greg Land | March 05, 2019

The multidistrict litigation accused State Farm and numerous other insurers of conspiring to drive down the prices they pay for repairs by agreeing on a preset “market rate,” enforcing compliance by steering insureds to businesses that agree to their terms and boycotting those that refuse.
Daily Report Online |News

Lewis Brisbois Grows to 50 Offices With Savannah Location

Meredith Hobbs | March 04, 2019

Brantley Rowlen has relocated to Savannah from Atlanta to lead the new office. Joining him is partner Jeff Ward, arriving from another firm.
Daily Business Review |News

Florida Appellate Ruling Expands Bad-Faith Risk for Insurers

Steven A. Meyerowitz | March 04, 2019

A state appellate court focuses on the 60-day cure period in deciding a GEICO case.
Law.com |News

Ohio National Faces Flood of Litigation After Axing Life Annuity Commissions

Greg Land | March 03, 2019

At least 10 federal lawsuit claim Ohio National Life Insurance and its affiliates terminated contracts and stopped paying commissions to thousands of broker-dealers who sold its variable annuities.
Litigation Daily |News

A Flood of Litigation for Ohio National After Axing Life Annuity Commissions

Greg Land | March 03, 2019

At least 10 federal lawsuit claim Ohio National Life Insurance and its affiliates terminated contracts and stopped paying commissions to thousands of broker-dealers who sold its variable annuities.
The Legal Intelligencer |Commentary

Biometrics and the New Wave of Class Action Lawsuits

Jeffrey N. Rosenthal and Thomas F. Brier Jr. | March 01, 2019

With the passing of BIPA in 2008, Illinois became the first state to regulate the collection and storing of biometrics information.
New York Law Journal |Analysis

Choice of Law Can Be Key When Fighting Life Insurance Fraud

Evan H. Krinick | February 28, 2019

In his Insurance Fraud column, Evan H. Krinick discusses a recent decision by the U.S. Court of Appeals for the Second Circuit, 'AEI Life v. Lincoln Benefit Life Co.', which highlights the importance of knowing which state incontestability statute applies to a challenge to a stranger-originated life insurance policy.
The Recorder |Analysis

Insured's Counsel Was Only Connection To California, So Court Transfers Venue

Steven A. Meyerowitz, Esq., Director, FC&S Legal | February 28, 2019

A federal judge in San Francisco ruled that where the only factor tying a case brought in the Northern District of California was the location of the insured's lawyer, venue should be transferred to where the insured resided.
New Jersey Law Journal |Analysis

Insureds' Misrepresentations in Coverage Litigation Do Not Count

Brian M. Block and Michael F. Bevacqua Jr. | February 28, 2019

Can an insurer cite an insured's alleged misrepresentation made during the post-denial coverage litigation, as a basis to invoke the fraud clause and bring an IFPA claim?
The Recorder |Case Digests

Deere & Company v. Allstate Insurance Company

February 28, 2019

"Following form" provision in higher layer excess insurance policies did not encompass SIR provisions of insured's lower layer policies
Delaware Law Weekly |Case Digests

IDT Corp. v. U.S. Specialty Ins. Co.

February 27, 2019

The court granted and denied portions of insurers' cross-motions for summary judgment regarding their duty to defend parties in an underlying shareholder action.
The Recorder |Analysis

What Law Applies Where Insured Resides In Two States And Relies On One State's Insurance Bad Faith Law?

Steven A. Meyerowitz, Esq., Director, FC&S Legal | February 26, 2019

A federal district court in Louisiana has decided that California law – not Louisiana law – governed an uninsured motorist claim brought against an insurance company by a plaintiff who resided in both states.
New York Law Journal |Case Digests

Indian Harbor Ins. Co. v. Knockdown Contracting Inc.

February 26, 2019

Insured's Alleged Failure to Cooperate Not Shown To Be Willful, Avowed Obstruction
Daily Business Review |News

Insurer Not Responsible for Tile Damage, Jury Finds

Verdict Search | February 25, 2019

Citizens Property Insurance blamed pre-existing damage in denying the claim.
New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | February 25, 2019

Bill prohibiting fiduciary duty standard to insurance producers advances
Texas Lawyer |Case Digests

In Re City Of Dickinson

February 25, 2019

The City purchased a commercial windstorm policy from Texas Windstorm Insurance Association.
Connecticut Law Tribune |Case Digests

New London County Mutual Ins. Co. v. Cardillo

February 25, 2019

Insureds' False Statements Entitled Insurer to Rescission of Policy
Connecticut Law Tribune |Case Digests

Discuillo v. Allstate Ins. Co.

February 25, 2019

Court Grants Insurer's Motion for Summary Judgment on Grounds That Policy Provision Barred Untimely Claims
New Jersey Law Journal |

After Investing in Client's Business, Law Firm Faces Malpractice Coverage Fight

Charles Toutant | February 22, 2019

Gluck Walrath has sued Allied World Insurance Co. after it refused to provide coverage for malpractice claims brought against it by business partners in a proposed tavern and restaurant on the campus of The College of New Jersey in Ewing.
The Recorder |Analysis

Auto Policy Did Not Cover 'Stigma Damages,' California District Court Decides

Steven A. Meyerowitz, Esq., Director, FC&S Legal | February 20, 2019

A federal judge in California has ruled that an automobile insurance policy that provided liability coverage for “property damage” did not cover nonphysical “stigma damage” to an automobile that had been struck by another vehicle.
New York Law Journal |Update

Holland & Knight Hires Away Former Akerman Leader in 12-Lawyer Grab

Dylan Jackson | February 20, 2019

Matthew DiBlasi will join Akerman as a partner in New York.
The Recorder |Case Digests

Westport Insurance Corporation v. California Casualty Management Company

February 20, 2019

California law does not bar public entity's insurer from seeking indemnification from employees' insurer
The American Lawyer |Update

Holland & Knight Hires Away Former Akerman Leader in 12-Lawyer Grab

Dylan Jackson | February 19, 2019

Spector and two other Akerman partners will lead the firm's insurance investigations and litigation team.
Daily Business Review |Update

David Spector, Who Served as Akerman Chair for Just 9 Months, Has Jumped to Holland & Knight, Taking 11 Other Attorneys

Dylan Jackson | February 19, 2019

Spector and two other Akerman partners will lead the firm's insurance investigations and litigation team.
New Jersey Law Journal |Analysis

AUTOMOBILE INJURY

New Jersey Law Journal | February 19, 2019

Our annual special section from Gerald H. Baker, covering developments in PIP benefits, UM/UIM coverage and the verbal threshold.
New York Law Journal |Case Digests

Kranz v. Allstate Ins. Co.

February 19, 2019

Agency Granted Dismissal of Homeowner's Breach of Fiduciary Duty Claim Against It
New Jersey Law Journal |Analysis

A Look at No Fault in 2018

Gerald H. Baker | February 18, 2019

A review of this year's cases: two dealing with UM/UIM benefits, one addressing PIP benefits, and three cases relevant to “automobile injuries” (pedestrian crossings, deployment of airbags, and correlation between property damage and personal injuries).
New Jersey Law Journal |Analysis

Author Bio - Gerald H. Baker

Gerald H. Baker | February 18, 2019

A profile of the main author of this special section.
The Legal Intelligencer |Analysis

Auto Insurer Did Not Have to Defend Woman Who Drove Insured Car Without Permission

Steven A. Meyerowitz | February 13, 2019

A federal district court in Pennsylvania has ruled that an auto insurer did not have to defend a woman who allegedly drove an insured car without permission and injured a third party, notwithstanding that the complaint against the woman alleged that she had implied permission to drive the car.
Daily Business Review |News

8 Lease Provisions Allow Landlord's Insurer to Sue Tenant in Subrogation Action

Steven A. Meyerowitz | February 13, 2019

The Third District Court of Appeal reverses the trial court on insurance exposure after a fire at an upscale Miami Beach burger eatery.
Delaware Law Weekly |Case Digests

IDT Corp. v. U.S. Specialty Ins. Co.

February 13, 2019

Insurers were granted partial summary judgment on insureds' declaratory judgment action for defense costs, where underlying action alleged individual defendant committed wrongful acts within scope of official capacity, but did not constitute securities claim because it was brought by shareholders of separate spin-off company.
Daily Business Review |News

Plan to Limit Attorney Fees in 'AOB' Cases Stalls in Committee

Jim Saunders | February 12, 2019

The Senate Banking and Insurance Committee tabled a bill (SB 122) sponsored by Chairman Doug Broxson, R-Gulf Breeze, after it became apparent the measure would fail if brought up for a vote.
The Legal Intelligencer |Case Digests

Mollura v. AFLAC Ins.

February 12, 2019

The plain language of an accidental injury policy excluded coverage for death resulting from an illness rather than an accident. An agency's prior finding of a workplace accident did not have a preclusive effect on the subsequent judicial proceeding, because the insurer was not a party to that administrative action.
Texas Lawyer |Case Digests

Rittinger v. Healthy Alliance

February 11, 2019

Appellee was the beneficiary of an ERISA-covered plan offered and administered by appellants.
The Recorder |Case Digests

The Depot , Inc. v. Caring for Montanans , Inc.

February 11, 2019

Insurers not fiduciaries for purposes of breach of fiduciary duty claim under ERISA
New York Law Journal |

What Does (and Does Not) Constitute Insurance Broker Liability in New York

Jeffrey L. Schulman | February 08, 2019

There are certain circumstances under New York law in which an insurance agent or broker can be potentially liable for failing to procure coverage on behalf of its insured.
Corporate Counsel |

Downturn Diligence: Increasing Your Business's Recession Resilience

Brian Neil Hoffman and Paul Swanson | February 07, 2019

Whether the next downturn comes this year or years from now, planning today for a more onerous regulatory and litigation environment will put your business a step ahead of the competition when trouble comes.
New York Law Journal |Case Digests

MIC Gen. Ins. v. Campbell

February 07, 2019

Insurer's Disclaimer of Coverage Inappropriate as No Residency Requirement Found in Policy
New York Law Journal |Case Digests

Aspen Am. Ins. Co. v. Arch Specialty Ins. Co.

February 07, 2019

Insurers Could Not be Precluded From Defending Merits of Claims in Reimbursement Action
The Legal Intelligencer |News

Court: Insurer Should Have Known Amount in Controversy Exceeded $75K From Complaint Alone

Steven A. Meyerowitz | February 06, 2019

A federal district court in Pennsylvania has remanded an insurance coverage case to state court after deciding that the defendant insurer should have known that the amount in controversy exceeded $75,000 from the insureds' complaint and, therefore, that its removal months after the complaint was filed was untimely.
The Legal Intelligencer |News

UM Arbitration Award Stands Despite Questions Over Arbitrator's Neutrality

P.J. D'Annunzio | February 06, 2019

Despite the existence of a financial relationship between an arbitrator and an insurance company lawyer involved in an arbitration, it did not affect the outcome of the case, an appeals court has ruled.
New York Law Journal |Case Digests

Bryant v. Gen. Cas. Co. of Wisconsin

February 05, 2019

Consequential Damages Claim Over Building's Collapse Dismissed; Bad Faith Not Asserted
Texas Lawyer |Case Digests

Anadarko Petroleum v. Houston Casualty

February 04, 2019

This matter involved insurance covering minority-interest owners, Anadarko Petroleum Corporation and Anadarko E&P Company, L.P., collectively "Anadarko", related to the Deepwater Horizon drilling rig accident.
Texas Lawyer |Case Digests

In Re Houston Specialty

February 04, 2019

Realtor, Houston Specialty Insurance Company, argued that the trial court erred in denying its Rule 91a motion to dismiss a declaratory judgment action because the declarations sought were of nonliability for legal malpractice.
The Legal Intelligencer |News

Court: Motorcyclist Was 'Occupying' Motorcycle Even After Colliding With Car

Steven A. Meyerowitz | February 01, 2019

An appellate court in Pennsylvania has ruled that an exclusion in an auto insurance policy precluded coverage of a motorcyclist's claim for injuries he suffered when he collided with another driver's automobile.
The Legal Intelligencer |

Judge Denies Bifurcation in UIM Case Against Insurer, Allegedly Intoxicated Driver

P.J. D'Annunzio | January 31, 2019

A state judge has ruled against an insurance company seeking to sever claims against it in an underinsured motorist lawsuit over an accident caused by an allegedly intoxicated driver.
The Legal Intelligencer |Commentary

Appealability of Orders in Declaratory Judgment Actions

Kenneth Portner | January 31, 2019

Pennsylvania appellate courts generally adhere to the “final order” rule. Under this rule, only final orders are subject to appeal as of right, 42 Pa.C.S. Section 742. A final order is one that "disposes of all claims and all parties." This rule applies the courts' longstanding policy against piecemeal litigation.
New York Law Journal |Case Digests

Lockwood v. Comm'r of Soc. Sec. Admin.

January 29, 2019

ALJ Failed to Probe Conflict Between Testimony, Dictionary; Benefits' Denial Set Aside
New York Law Journal |Analysis Expert Opinion

Climate Change-Related Losses and Other Event-Driven Litigation Risks

Howard B. Epstein and Theodore A. Keyes | January 28, 2019

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes discuss how climate change-related events such as hurricanes, earthquakes and wildfires can lead to related securities litigation, creating additional risk for corporations, directors and officers and their D&O insurers.
Daily Report Online |News

Lawyer Punches Back at Insurer Who Sued Him Over IOLTA Scam

Greg Land | January 28, 2019

Villa Rica solo Jay Davis' reply said Coface Insurance is trying to hold him responsible after it failed to ensure that $3 million meant for a policyholder was redirected to his account, from which he unwittingly disbursed $550K to scammers before the fraud was discovered.
New York Law Journal |Case Digests

Rahman v. Busby

January 28, 2019

Noteworthy
The Legal Intelligencer |News

Household Exclusions Don't Bar Stacking, Pa. Justices Rule in Break With Precedent

Max Mitchell | January 24, 2019

Household vehicle exclusions cannot be used to bar injured claimants from recovering stacked coverage, the Pennsylvania Supreme Court has ruled in a decision that breaks with decades of precedent.
New Jersey Law Journal |News

GEICO Notches Reversal of Underinsured Policy Coverage

R. Robin McDonald | January 22, 2019

A split panel determined a policy exemption meant underinsured motorist coverage only applies to vehicles specifically mentioned in a policy.
New York Law Journal |

No Heightened Standard for Damage Claims Against Insurer, NY Appeals Court Rules

Andrew Denney | January 22, 2019

Plaintiffs suing insurance companies for failing to pay coverage should not be held to a heightened pleading standard in which policyholders are required to show how their alleged consequential damages were reasonable and foreseeable, a state appeals court found.
The Recorder |Analysis

California's Short Form Power Of Attorney Did Not Authorize Change To Life Insurance Beneficiary

Steven A. Meyerowitz, Esq., Director, FC&S Legal | January 22, 2019

A federal district court in California has ruled that a short form power of attorney did not authorize the person granted the power of attorney to change the beneficiary on the grantor's life insurance policy.
New York Law Journal |Case Digests

Matter of N.Y.S. Land Title Ass'n v. N.Y.S. Dep't of Fin. Servs.

January 22, 2019

Law, Regulation Against Insurer Kickbacks in Realty Market Unambiguous, Rationally Based
Connecticut Law Tribune |Case Digests

Benjamin v. Oxford Health Ins., Inc.

January 21, 2019

Court Orders Payment of Attorney's Fees Under ERISA to Employee Whose Claims Were Denied Without Proper Review
Daily Report Online |News

Freeman Mathis Adds Pittsburgh to Its Expanding Footprint

Meredith Hobbs | January 18, 2019

The Atlanta-based firm continues its expansion into the Northeast with several hires in Pennsylvania and a new Pittsburgh office.
New Jersey Law Journal |Analysis

The Insurance Maze: How to Maximize Proceeds in Faulty Workmanship Cases

Martha N. Donovan | January 18, 2019

Language is being added to insurance policies to carve out repair and replacement damages.
Legaltech News |News

In Yahoo TCPA Case, California Court Asked to Consider Privacy in Insurance Policy

Ross Todd | January 17, 2019

The Ninth Circuit certified a question to California's high court asking whether under California law Yahoo's corporate 'personal injury' insurance policy covers privacy claims solely based on the right to seclusion—to be left alone—where no private information is disclosed.
The Legal Intelligencer |News

Yahoo's Row With Pittsburgh Insurer in TCPA Case Raises Tough Coverage Question

Ross Todd | January 17, 2019

The Ninth Circuit certified a question to California's high court asking whether under California law Yahoo's corporate 'personal injury' insurance policy covers privacy claims solely based on the right to seclusion—to be left alone—where no private information is disclosed.
New York Law Journal |Case Digests

Pavlova v. Allstate Ins.

January 17, 2019

Insurer's Denials Untimely, Proofs Insufficient to Raise Triable Issue in No-Fault Action
The Recorder |News

In Yahoo TCPA Case, California Supreme Court Asked to Weigh Tricky Insurance Coverage Question

Ross Todd | January 16, 2019

The Ninth Circuit certified a question to California's high court asking whether under California law Yahoo's corporate "personal injury" insurance policy covers privacy claims solely based on the right to seclusion—to be left alone—where no private information is disclosed.
The Legal Intelligencer |News

Casualty Litigator Rejoins Post & Schell From Travelers Legal Dept.

Lizzy McLellan | January 15, 2019

Glenn Campbell said he returns to private practice with a better understanding of the claims process.
Connecticut Law Tribune |Case Digests

Town of Farmington v. Argonaut Ins. Co.

January 14, 2019

Insurance Agency's Alleged Professional Negligence Not Shown to Constitute Breach of Fiduciary Duty
New York Law Journal |Case Digests

Allay Med. Servs. PC v. Nationwide Ins.

January 14, 2019

Insurer Fails to Meet Burden That EUO Requests, Denials Properly Mailed to Provider
Connecticut Law Tribune |Case Digests

Streeter v. Liberty Mut. Fire Ins. Co.

January 14, 2019

Complaint Adequately Stated Claims of Bad Faith and CUIPA and CUTPA Violations
The Recorder |News

Circuit Court Freezes Big Obamacare Case Amid Trump's Shutdown

Nate Robson | January 11, 2019

The order comes as the nation edges toward its longest shutdown in history.
National Law Journal |News

Fifth Circuit Freezes Big Obamacare Case Amid Trump's Shutdown

Nate Robson | January 11, 2019

The order comes as the nation edges toward its longest shutdown in history.
Litigation Daily |News

Fifth Circuit Freezes Big Obamacare Case Amid Government Shutdown

Nate Robson | January 11, 2019

The order comes as the nation edges toward its longest shutdown in history.
Daily Report Online |Commentary

Georgia Appeals Court Explores Medical Liens for Unknown Tortfeasors

Steven A. Meyerowitz | January 09, 2019

The appellate court rejected Allstate's contention that Kennestone's failure to ever send Ms. Gentry notice invalidated its lien because Kennestone did not know Ms. Gentry's identity “until well after the time period of OCGA § 44-14-471(a)(1) for providing notice had passed.”
Connecticut Law Tribune |News

The Hartford, Liberty Mutual Agree to Join Crumbling Foundations Fund

Tom McParland | January 08, 2019

The Hartford and Liberty Mutual Insurance agree to provide additional assistance to customers facing crumbling foundations due to defective concrete.
The Recorder |Case Digests

Strawn v. Morris, Polich & Purdy, LLP

January 07, 2019

Mere possibility of future litigation insufficient to support invocation of litigation privilege
The Legal Intelligencer |Commentary

New Year's Resolutions Revisited for the Workers' Compensation Practice

Christian Petrucci | January 04, 2019

In focusing on suggested resolutions for the practice of workers' compensation, it quickly becomes apparent that some resolutions are timeless. While some of the suggestions below have been addressed in this space in the past, they still pose the same challenges now as then, and bear repeating.
Daily Report Online |News

State Bar Mulls Rule on Purchase, Disclosure of Legal Malpractice Insurance

Greg Land | January 04, 2019

Georgia is one of many states that have no rules governing whether lawyers must purchase professional liability insurance or if that information must be disclosed. A State Bar of Georgia study committee may change that.
New York Law Journal |Analysis

The False Claims Act: A Powerful Tool Against Federal Health Care Program Fraud

Evan H. Krinick | January 03, 2019

In his Insurance Fraud column, Evan H. Krinick writes: Recent settlements and civil fraud lawsuits brought by the DOJ or in which they have intervened in New York illustrate the breadth of fraudulent actions that providers continue to take as well as the importance of whistleblowers and watchful government investigators in the ongoing efforts to protect the federal programs.
New York Law Journal |Case Digests

Dama v. Prudential Ins. Co. of Am.

January 03, 2019

Fraud, Breach Claims May Be Repleaded; Start of Policy's Grace Period Ambiguous
Daily Business Review |News

Florida Supreme Court Justices to Take Up 'AOB' Insurance Fight

Jim Saunders | January 02, 2019

The Supreme Court's decision to hear the case could lead to resolving a conflict in lower courts about a restriction that insurers have tried to place on assignment of benefits.
New York Law Journal |Case Digests

Fabrique Innovations Inc. v. Federal Ins. Co.

January 02, 2019

Policy's Willful Misconduct, Dishonest Acts Exclusions Inapplicable in Lost Goods Action
Connecticut Law Tribune |Case Digests

Pricewaterhousecoopers LLP Health & Welfare Benefits Plan v. Mayer

December 31, 2018

Motion To Dismiss Denied Where Attorney Controls Funds Related To ERISA Claim
Connecticut Law Tribune |Case Digests

Christmas v. Sun Life Assurance Co. of Canada

December 31, 2018

Court Utilizes Arbitrary and Capricious Standard Of Review In Insurance Benefits Claim
New York Law Journal |Analysis

Requiem for the Biomechanical 'Frye' Hearing?

Steven Balson-Cohen | December 28, 2018

On Dec. 5, 2018, a unanimous panel of the Appellate Division, Second Department issued its decision in 'Shah v. Mo. M. Rahman', upholding the trial court's ruling not to grant plaintiff's counsel's application to hold a 'Frye' hearing before admitting into evidence the testimony of a defense biomechanical engineering expert. In so doing, the court, citing, well established Court of Appeals authority, has arguably dealt the biomechanical 'Frye' hearing its final death blow.

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webseminar

Legal Tech Operations of the Future - Are You Ready for Law 3.0?

Brought to you & Sponsored By: Casepoint | March 11, 2019

Savvy law leaders should join this webcast to explore how inefficient and antiquated business operations are hindering success, areas to consolidate and streamline operations, and how emerging technologies can help achieve these operational efficiencies.

webseminar

How to Identify and Resolve High Exposure Claims Early

Sponsored by: NAM (National Arbitration and Mediation) | February 13, 2019

Date: Thursday, March 21, 2019 Time: 2:00 p.m. EST |11 a.m. PST Cost: Complimentary Sponsored by: High…

webseminar

How to Identify the Right KPIs for eDiscovery Success

Sponsored by: Zapproved | January 28, 2019

Date: Tuesday, March 12, 2019 Time: 2:00 p.m. EST | 11 a.m. PST Cost: Complimentary Sponsored by: Everyone…

PM/DDTC Attorney

Washington D.C., District of Columbia, United States

The U.S. Department of State, Office of the Legal Adviser seeks attorneys with at least 3 years of relevant experience to provide counsel to...
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New Mid-Level FCPA/Anti-Money Laundering Compliance and Investigations Search in DC

Washington D.C., District of Columbia, United States

Garrison & Sisson is working with a very close law firm client to assist in the recruitment of a mid-level associate (3-6 years) with ex...
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GENERAL LIABILITY PRACTICE & TRIAL ATTORNEY POSITION

San Francisco, California, United States

The San Francisco office of Lewis Brisbois Bisgaard & Smith LLP is seeking a seasoned litigator/trial attorney to join the General Liabi...
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WEITZ & LUXENBERG

03/18/2019
NJLJ Web

WEITZ & LUXENBERG are pleased to announce that
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GREENBAUM ROWE SMITH & DAVIS LLP

03/18/2019
NJLJ Web

GREENBAUM ROWE SMITH & DAVIS announces
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BLICK LAW

03/18/2019
NJLJ Web

BLICK LAW wants to announce that
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