Insurance Litigation

Comprehensive coverage, from verdicts to rulings to trends

Delaware Business Court Insider |News

NYC Investment Firm Entitled to Insurance Payment on $14.5M in Legal Costs, Del. Court Says

Tom McParland | December 13, 2018

Judge William C. Carpenter said Wednesday that AR Capital, a New York-based investment and advisory firm, was covered under VEREIT's insurance policy for management services it had provided to VEREIT before the errors were discovered in late 2014.
The Legal Intelligencer |News

High Court Won't Disturb Ruling Requiring New Stacking Waivers for Certain Vehicles

Zack Needles | December 13, 2018

The Pennsylvania Supreme Court has declined to review a Superior Court ruling that said an insured is entitled to stacked uninsured/underinsured motorist benefits because his insurer failed to have him sign new stacking waivers when he added his most recent vehicles to his policy via endorsement.
The Legal Intelligencer |News

Court: Insurer Must Defend Teen Accused of Cyberbullying Classmate Before Her Suicide

Steven A. Meyerowitz | December 13, 2018

A federal district court in Pennsylvania has ruled that an insurance company must provide a defense to a teenage boy who was sued by the parents of a girl who committed suicide after he allegedly cyberbullied her.
New York Law Journal |Case Digests

General Re Life Corp. v. Lincoln Nat'l Life Ins. Co.

December 13, 2018

Where Arbitration Award Is Ambiguous, Arbitrators Retain Authority to Clarify Award
New York Law Journal |Analysis

BR-Code Support and EUO/IME No-Show Defense

David M. Barshay | December 12, 2018

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses cases weighing-in on an insurer's burden to request additional verification to support by-report codes, and a recent Fourth Department ruling requiring timely denial for EUO/IME no-show defense.
The Recorder |News

UnitedHealthcare Pushes Back Against Lawsuit Claiming Underpayment for Mental Health Visits

Ross Todd | December 12, 2018

Lawyers for affiliates of UnitedHealth Group Inc. claim that the lawsuit "challenges the common sense practice that health plans reimburse health care providers with different training, experience, and licensure at different rates."
New Jersey Law Journal |News

Life Insurance Policy Ruled Off-Limits After Lawyer's Suicide

Charles Toutant | December 12, 2018

The case hinged on whether a policy restriction for suicide should not apply because of a claim the woman was induced by her medication to take her life.
The Recorder |Case Digests

Mechling v. Asbestos Defendants

December 12, 2018

Insurer entitled to equitable relief from default after being deprived of notice or opportunity to defend itself in underlying litigation
Daily Business Review |News

State-Backed Citizens Property Pitches Insurance Rate Hikes

Jim Saunders | December 11, 2018

The proposal, which would take effect in September 2019, will go before the Citizens Board of Governors during a meeting Wednesday.
New York Law Journal |Case Digests

Young Men's Christian Ass'n of Plattsburgh v. Philadelphia Indem. Ins. Co.

December 11, 2018

Insurer Denied Judgment as to Claims Over 'Employee Contributions' to Fund
Daily Business Review |News

In Hotel Data Breach, Fowler White Team Wins Coverage Denial for St. Paul Insurance

Catherine Wilson | December 10, 2018

Most Effective Lawyers: Insurance — A federal judge allowed Travelers' St. Paul subsidiary to deny coverage for the fallout from malware installed on the Rosen hotel chain's payment network.
Texas Lawyer |Case Digests

Safeco Insurance v. Clear Vision

December 10, 2018

This case concerns waiver of anti-assignment clauses in insurance policies.
Texas Lawyer |Case Digests

Jefferson v. Geico County

December 10, 2018

This lawsuit involved a motor vehicle accident in which Jefferson was driving and Mitchell was a passenger when they were struck by a second vehicle.
The Legal Intelligencer |Case Digests

Zurn Indus., LLC v. Allstate Ins. Co.

December 10, 2018

Plaintiff sought an expedited interim funding order, in a dispute over insurance coverage to defend and indemnify plaintiff in the thousands of asbestos-related bodily injury lawsuits it faced, and the court found plaintiff was attempting to obtain a form of injunctive relief through its request for an interim funding order and ordered expedited discovery. Order denied.
New York Law Journal |Case Digests

N.Y. Mun. Ins. Reciprocal v. Vill. of Briarcliff Manor Police Dep't

December 06, 2018

Court Lacks Jurisdiction to Disclose Youth's Records to Insurer Seeking to Mitigate Damage
The Recorder |Analysis

Tenants Sued Landlord Over Missing Smoke Detectors. Its Insurer Did Not Have To Defend Because There Were Missing Smoke Detectors.

Steven A. Meyerowitz, Esq., Director, FC&S Legal | December 05, 2018

An appellate court in California has ruled that the owner of an apartment building sued by tenants for missing or inoperable smoke detectors was not entitled to a defense of the lawsuit from its insurer.
New Jersey Law Journal |News

Appeals Court Says Workers' Comp Carriers Can Pursue Subrogation in Minor-Injury Accidents

Michael Booth | December 04, 2018

A New Jersey appeals court ruled that a workers' compensation carrier can sue the tortfeasor in an auto accident case even though the beneficiary, who wasn't permanently injured, couldn't.
Texas Lawyer |Case Digests

Evanston Insurance v. Mid Continent Casualty

December 03, 2018

This matter involved a dispute between Mid-Continent Casualty Company, a primary liability insurer, and Evanston Insurance Company, an excess liability insurer, over the number of "accidents" that took place over a ten-minute period during which the insured's Mack truck struck four different vehicles and a toll plaza. In previous state court litigation, multi-million-dollar settlements were reached between the various claimants, but Mid-Continent refused to contribute more than $1 million toward the settlements of the final three coll
New York Law Journal |Case Digests

Big Apple Med. Supply v. Nationwide Affinity Ins. Co. of Am.

December 03, 2018

Insurer Fails to Establish Entitlement to Summary Judgment by Admissible Evidence
The Recorder |Case Digests

Travelers Property Casualty Company of America v. Engel Insulation, Inc.

December 03, 2018

Insurer may not litigate claims as subrogee of suspended corporation
The Recorder |Case Digests

Meleski v. Estate of Hotlen

December 03, 2018

Decedent's insurer may be held liable for §998 costs above and beyond policy limits
Connecticut Law Tribune |Case Digests

Gabriel v. Mount Vernon Fire Ins. Co.

December 03, 2018

Insured's Failure to Maintain Requisite Level of Primary Coverage Did Not Invalidate Umbrella Policy
Connecticut Law Tribune |Case Digests

Menard v. State

December 03, 2018

Damages for PTSD Not Recoverable Unless Linked to Physical Injury
New Jersey Law Journal |Analysis

Cyber Insurance Update: Recent Developments in Coverage for Cyber Claims

Joseph J. Schiavone, Vincent J. Proto, Lori J. Zeglarski and Robert P. Vacchiano | November 30, 2018

As many businesses do not yet have cyber-specific insurance coverage, courts are being called upon to determine whether coverage for cyber-related losses exists under traditional insurance policies.
New York Law Journal |Case Digests

SP Orthotic Surgical & Med. Supply v. Ameriprise Ins.

November 30, 2018

Fact Questions if Services Provided by Independent Contractor Bar Summary Judgment
The Legal Intelligencer |Commentary

With Faulty Rate Hike, Insurers Game the System

Kevin McVeigh | November 29, 2018

Pennsylvania's independent nonprofit workers' compensation insurance rating bureau filed documents recently stating that premiums across the state were erroneously raised earlier this year after a major insurance carrier “materially overstated” its reported losses from payouts to injured workers.
New York Law Journal |News

Second Circuit Joins Sister Circuits' Ambiguous Arbitration Award Exception

Colby Hamilton | November 28, 2018

The appellate court joined five other circuits in providing arbitrators the ability to clarify awards should a dispute arise over ambiguous language.
Daily Report Online |News

Wilson Elser Ups Its Bid for Southeastern Market Share

Meredith Hobbs | November 27, 2018

As it expands its national insurance defense practice, the New-York based firm has opened satellite offices in Birmingham and Nashville to complement the growing Atlanta office it launched last year.
Texas Lawyer |News

Appellate Lawyer of the Week: Dallas Lawyer's Math on Chain-Reaction Accident Saves Client $1M

John Council | November 27, 2018

Dallas attorney R. Brent Cooper recently took a math question to the U.S. Court of Appeals for the Fifth Circuit on behalf of a primary liability insurer in a dispute over a serious multi-vehicle accident.
Connecticut Law Tribune |Case Digests

Robinshaw v. Foremost Insurance Co.

November 26, 2018

Denial of Uninsured Motorist Benefits Supported Insured's Claim for Breach of Contract
New York Law Journal |Case Digests

Miller v. Metro. Life Ins. Co.

November 21, 2018

SLUSA Precludes Fraud Claims Against Insurer Over Misclassification, Higher Premiums
Daily Report Online |Case Digests

National Union Fire Insurance Company Of Pittsburgh, PA et al. v. Scapa Dryer Fabrics, Inc.

November 20, 2018

Ambiguity in insurance policy language is construed against the insurer
The Legal Intelligencer |Case Digests

Foremost Ins. Co. v. Nosam, LLC

November 20, 2018

Insurer sought a declaratory judgment that it had no duty to defend or indemnify landlord sued by tenants who suffered carbon monoxide poisoning from a furnace and the court found the "pollutant" exclusion in the policy barred coverage and tenants' argument that the accidental fire exclusion applied failed because the fire started when tenants turned on the furnace and was not by chance or unexpected. Motion granted.
Texas Lawyer |Commentary

The Punitive Damages Pendulum

Stacy Thompson | November 15, 2018

Until 2008, Texas law excluded punitive damages from insurance coverage as a matter of public policy. Northwestern National Cas. Co. v. McNulty, 307…
New York Law Journal |Case Digests

Ultra Ortho Prod. v. N. Carolina Farm Bureau Ins. Grp.

November 15, 2018

Insurer Granted Dismissal as Provider Fails to Effectuate Proper Service Under CPLR 312-a
Litigation Daily |Commentary

Daily Dicta: Far From Home Turf, Kirkland Team Lands 'SUPERB' Win in South Carolina

Jenna Greene | November 14, 2018

It takes a certain “My Cousin Vinny”-style boldness for a team of highfalutin lawyers from Chicago to try a case in South Carolina state court—and win.
New York Law Journal |Case Digests

Kerisli Chiropractic PC v. Am. Tr. Ins.

November 13, 2018

Prior Declaratory Default Judgment Order Has Preclusive Effect on Provider's Instant Claim
New Jersey Law Journal |News

After 'Feel of the Case' Repeal, Supreme Court Seeks Amici on Additur and Remittitur

Charles Toutant | November 09, 2018

The court will accept briefs through Dec. 17 that are submitted with amicus motions on specific questions concerning computation of additur and remittitur.
The Recorder |Analysis Expert Opinion

Potential Risks When Valuing Claims

Shari L. Klevens and Alanna Clair | November 07, 2018

Although many attorneys strive to assist their clients in making informed decisions, the act of predicting results can be less than certain.
The Legal Intelligencer |News

No Indemnity for Landlord Whose Tenants Sued Over Carbon Monoxide Poisoning

P.J. D'Annunzio | November 07, 2018

U.S. District Judge Joseph F. Leeson Jr. of the Eastern District of Pennsylvania granted Foremost Insurance Co.'s motion for summary judgment on the basis that the policy's pollutant exclusion was applicable.
New York Law Journal |Case Digests

Sunrise Acupuncture PC v. Kemper Indep. Ins.

November 06, 2018

Insurer Not Obligated to Provide No-Fault Benefits as Assignor Not An Insured Under Policy
The Legal Intelligencer |Case Digests

Selective Ins. Co. of the Southeast v. Goldin

November 06, 2018

The court denied a defendant's motion to amend, because the statute of limitations had already expired with respect to its proposed counterclaims.
The Legal Intelligencer |Case Digests

Higman v. State Farm Mut. Auto. Ins. Cos.

November 06, 2018

Bad faith claim against insurer dismissed where insurer had requested opportunity to investigate insured's claim for benefits and had not yet had a substantial time for investigation nor had denied the claim. Motion to dismiss and strike granted in part and denied in part.
The Legal Intelligencer |Case Digests

Achenbach v. Atlantic Specialty Ins. Co.

November 06, 2018

Defendant moved to dismiss plaintiff's action for breach of contract, bad faith and promissory estoppel over uninsured motorist coverage for an accident in a rented car and court dismissed the breach of contract and bad faith actions because the policy clearly excluded coverage of rental vehicles but found that plaintiff pled sufficient facts to support a claim of promissory estoppel. Motion granted in part and denied in part.
The Legal Intelligencer |News

Court: No Bad Faith in Disability Insurer's Claims Investigation—Including Procuring Claimant's Golf Scores

P.J. D'Annunzio | November 05, 2018

A federal judge has rejected a dentist's lawsuit against his disability insurer over its refusal to cover him for an eye injury, finding that the insurer did not act in bad faith in its claims investigation, which allegedly included procuring his golf scores in an attempt to discredit his claim.
New York Law Journal |Analysis

Creative Uses of Social Media in Litigation

Mark A. Berman | November 05, 2018

In his State E-Discovery column, Mark A. Berman discusses recent decisions which make clear that counsel needs to be creative and “think outside of the box” as to how to effectively utilize social media.
Daily Business Review |

Miami Attorney Scorches $2.25 Million Fire Insurance Claim Against His Client

Zach Schlein | November 05, 2018

Miami attorney Peter R. Restani represented refrigeration company Turbo Air against a $2.25 million insurance claim by three insurance carriers. The plaintiffs alleged a design defect in a Turbo Air-manufactured freezer caused the fire that destroyed Fort Lauderdale's Dapur Asian Tapas Restaurant in November 2015. However a fire origin expert hired by Restani offered a much different theory, involving a dryer, linens and combustible cooking oils.
The Legal Intelligencer |Commentary

NJ District Court Weighs In On Federal Benefits Law Pre-Emption

Vasilios J. Kalogredis | November 05, 2018

On Sept. 24, the U.S. District Court for the District of New Jersey filed a decision in Glastein v. Aetna, Civ. No. 18-9262, filed September 24, 2018 (U.S.D.J). addressing a motion to dismiss. It is an unpublished decision, but it worth discussing for its instructive—if not precedential—value.
New York Law Journal |Case Digests

Krocka v. Mut. of New York Ins. Co.

November 05, 2018

Policy's Provisions Showed Benefits Expired on 65th Birthday, Not at Age 70
New Jersey Law Journal |Analysis

Workers' Compensation on the Home Front

Elizabeth A. Dietz | November 02, 2018

What if an employee is injured while working from home?
The Legal Intelligencer |News

Judge Won't Reverse Judgment Against Allstate for Failure to Pay Bills

P.J. D'Annunzio | November 01, 2018

A Philadelphia judge has refused to reverse his ruling holding Allstate liable for not paying a medical device company used by auto accident victims.
The Legal Intelligencer |Commentary

The Inferred Intent Rule Under Pennsylvania Law

Kenneth M. Portner | November 01, 2018

Insurance policies do not cover injury intentionally caused by the insured. Coverage of such claims would be antithetical to the basic principle of insurance.
New York Law Journal |Analysis

Insureds' Materially False Statements Can Doom Insurance Coverage for Their Claims

Evan H. Krinick | November 01, 2018

Insurance Fraud columnist Evan H. Krinick discusses two recent cases that have explored the concealment or fraud and cooperation concepts, and have found that insurers did not have to cover the insureds' claims because they violated these particular policy provisions.
The Legal Intelligencer |Commentary

What to Expect From the New IRE Legislation

Christian Petrucci | November 01, 2018

Last week, Gov. Tom Wolf signed into law Act 111 of 2018 which sought to address the concerns of the Pennsylvania Supreme Court in Protz v. Workers' Compensation Appeal Board (Derry Area School District), which had invalidated the section of the Workers' Compensation Act pertaining to Impairment Rating Evaluations as unconstitutional.
Texas Lawyer |

Here's One Way Texas Insureds May Be Able to Draft Coverage Complaints to Block Removal to Federal Court

Steven A. Meyerowitz, Esq., Director, FC&S Legal | November 01, 2018

This story is reprinted with permission from FC&S Legal, the industry's only comprehensive digital resource designed for insurance coverage law…
New York Law Journal |Case Digests

Sears Holdings Mngt. v. Rockaway Realty Assocs.

November 01, 2018

Plaintiff Granted Judgment on Liability on Contract Breach, Quantum Meruit Claims Only
New York Law Journal |Analysis

Yacht on My Lawn: Trick or Treat?

James E. Mercante | October 30, 2018

Admiralty Law columnist James E. Mercante writes: A Frankenstorm can cause catastrophic damage on land and sea. For a vessel owner, the Act of God defense may provide protection from liability for damage to third parties. The homeowner gets no treat to either ownership or possession of a yacht washed ashore by a hurricane. But, whether the vessel owner will be held responsible for damages, well, only God (and federal judges) know!
New York Law Journal |Analysis

Attorney-Client Privilege on the Ropes—In 'Sum' and Substance

Marc A. Schulz | October 30, 2018

The Appellate Division, Fourth Department, issued a decision in 'Rickard v. New York Cent. Mut. Fire Ins. Co.,' that by its terms opens up insurance carriers' litigation files to judicial in-camera inspection, and insurers as well as others ought to be worried. The decision also appears to be a departure from established New York law.
The Recorder |Expert Opinion

Doing Business With the Cannabis Industry? Make Sure Your Insurance Will Cover You

Shanti Eagle and Martin Fox-Foster | October 30, 2018

Much has been written about the difficulties and limitations of insuring leaf-touching cannabis businesses. However, any individual or company simply interacting with the cannabis industry may unsuspectingly have a gap in insurance, or worse, be jeopardizing their entire insurance portfolio.
Daily Report Online |Commentary

Ex-VA Worker From Georgia Can't Sue US, Says Federal Judge

Steven A. Meyerowitz | October 30, 2018

The 1916 Federal Employees' Compensation Act doomed her case.
The Recorder |Analysis

Court of Appeal: Auto Insurer Did Not Have To See If Driver Was Licensed Before Issuing Policy

Steven A. Meyerowitz, Esq., Director, FC&S Legal | October 30, 2018

The Court of Appeal ruled an insurer could not be held “liable in tort to a third party” if it insured a driver who was unlicensed.
The Legal Intelligencer |Case Digests

State Farm Mut. Auto. Ins. Co. v. Cavoto

October 30, 2018

Trial court reasonably found that therapeutic exercise could not be delegated to unlicensed support personnel under the chiropractic practice act and the decision was supported by ample testimony. Affirmed.
Texas Lawyer |Case Digests

O Quinn v. Lexington

October 29, 2018

Plaintiffs in litigation against breast implant manufacturers obtained substantial awards through settlements.
The Legal Intelligencer |Commentary

The Legal and Financial Ramifications of Uninsured Status in Workers' Comp Claims

Rebecca L. Dillon | October 28, 2018

Hiring independent contractors is a growing practice for many businesses, allowing them to take on work larger in scope without all of the associated costs involved in hiring full-time employees—including the expense of workers' compensation insurance.
The Legal Intelligencer |Commentary

How the Legalization of Marijuana Affects the Employer-Injured Worker Dynamic

Denise Elliott and Paul Clouser | October 28, 2018

Is there overlap between Pennsylvania's 2-year-old Medical Marijuana Act and the much much older Pennsylvania Workers' Compensation Act? You bet there is. Just look at the list of qualifying medical conditions for which a Pennsylvania resident may obtain medical marijuana.
The Legal Intelligencer |Commentary

Constitutionality of the Statutory Imposed Maximum Compensation Rate

Ruxandra M. Osgood | October 27, 2018

The Workers' Compensation Act provides protections and remedies for workers injured in the course and scope of their employment. Due to the humanitarian purposes of the act, the courts have held that the act is remedial in nature and must be liberally construed in light most favorable to injured workers in order to effectuate its humanitarian objective.
New York Law Journal |Analysis

Spotlight on R&W Insurance

David F. Birke and Craig P. Warnke | October 26, 2018

This interview outlines the surge in interest in and utilization of representations & warranties insurance over the past few years, factors in deciding which of the burgeoning number of insurers to select, and the increased breadth of coverage available. Also discussed are other considerations of which prospective insureds should be aware before purchasing these increasingly important policies for their transactions.
New York Law Journal |Case Digests

Nat'l Liab. & Fire Ins. Co. v. Rick's Marine Corp.

October 26, 2018

Marine Surveyor's Report on Vessel's Sinking Not Shown Admissible as Business Record
New York Law Journal |Case Digests

Imperium Ins. Co. v. Gutierrez

October 26, 2018

Insurer Denied Declaratory Relief, Default Judgment Against Defaulting Defendants
The Recorder |Case Digests

Thee Sombrero, Inc. v. Scottsdale Insurance Company

October 26, 2018

Commercial property owner's loss of right to use property as intended constituted property damage
The Recorder |News

Insurance Defense Firm Goldberg Segalla Hires 8 in L.A. and Orange County as Part of Lateral Blitz

Roy Strom | October 25, 2018

In the past month alone, Goldberg Segalla has hired 27 laterals—including eight lawyers for its less-than-a-year-old offices in Los Angeles and Orange County, California.
The American Lawyer |News

With 27 Lateral Hires in a Month, Goldberg Segalla Makes Case It's 'Different'

Roy Strom | October 25, 2018

'If somebody falls down, we want you to pick them up,' said the leader of Goldberg Segalla in explaining his fast-growing firm's appeal to so many lateral partners.
Daily Report Online |News

Lawyers Clash Over U-Haul's Self Insurance Plan

Katheryn Tucker | October 25, 2018

The Georgia Court of Appeals is being asked to decide whether U-Haul can qualify as a self insurer—and benefit from liability limits under state law. Both sides said their opponent's position is unfair to their clients.
Daily Business Review |Commentary

What Would Happen to Your Business if You Died Tomorrow?

Marc Solomon | October 24, 2018

Owners continually strive to grow the value of their businesses. It is critically important that the monetary value created in your business is preserved, in the event of your unexpected death or if you suffer a permanent disability.
Daily Report Online |Case Digests

Barnes v. Cannon et al.

October 24, 2018

Court Affirms Trial Court's Dismissal of Motion to Intervene in Settled Case
New York Law Journal |Case Digests

Agripino Polanco Rosa, Appellant, et al., Plaintiff, v. Rafael Delacruz et al., Respondents.

October 24, 2018

Rosa v. Delacruz
New Jersey Law Journal |News

Chocolate Candy Maker's Hurricane Sandy Claim Revived

Colby Hamilton | October 23, 2018

Reversing, the court panel found conflicts in a candy maker's insurance policy that could support millions worth of hurricane-related damage claims.
New York Law Journal |News

Second Circuit Revives Chocolate Candy Maker's Hurricane Sandy Claim

Colby Hamilton | October 23, 2018

Reversing the district court, the Second Circuit panel found conflicts in a candy maker's insurance policy that could support millions worth of hurricane-related damage claims.
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 |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 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
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

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Legal Analytics: Benefits for Competitive Intelligence & Impact on Law Firms

From Lex Machina

Competitive intelligence offers savvy law firms an edge on the competition. Learn how your firm can leverage the behavior of clients, competition, or prospects to gain a strategic advantage.

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Strategies for Preventing and Responding to a Data Breach

From Epiq

Learn proactive strategies to protect your firm from a data breach, your obligations in responding to an incident, and the risks you face if a breach occurs.

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How In-House Counsel can Take Law Firm Selection to the Next Level

From Lex Machina

Technological innovations are changing how In-house counsel are comparing, and ultimately selecting law firm counsel. Learn what’s possible and how your organization’s bottom line can benefit.

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With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.

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Our Team Account subscription service are for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.

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Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both option are priced the same.

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From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.
Exclusive Depth and Reach.

Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
Big Pictures and Fine Details

Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

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Legalweek 2019

January 28, 2019 - January 31, 2019
New York, NY

Brings together all facets of the legal profession to address the key challenges facing the industry
GlobeSt. Philadelphia 2019

February 13, 2019
Philadelphia, PA

Connect with greater Philadelphia's elite commercial real estate professionals at the largest & longest running event in area.
Trust & Estates Litigation Forum 2019

March 07, 2019 - March 09, 2019
Girona

Annual forum for the world's leading trust and estate litigators.

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webseminar

How Legal Financing Benefits the Bottom Line

Sponsored by: Burford Capital | March 05, 2018

[ON-DEMAND] Learn about financing structures and pricing and how it helps firms remain competitive.

webseminar

Litigation Finance: A Tool to Improve Client Service & Profitability

Sponsored by Burford Capital | December 07, 2017

[ON-DEMAND] Join this webcast to learn what’s driving the five-fold growth of litigation finance and how it can improve your firm’s profitability.

webseminar

Demystifying Automation, Analytics, and Predictive Coding in E-Discovery

Sponsored by RVM Enterprises Inc. | November 16, 2017

[ON-DEMAND] Join this webcast to receive an overview of the latest trends and uses for analytics in eDiscovery.

TAX CONTROVERSY ASSOCIATE - (Atlanta, GA)

Atlanta, Georgia, United States

Our client, a premier, mid-sized regional firm with a Chambers-ranked tax practice, has asked for our assistance in identifying an experienc...
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SENIOR REAL ESTATE COUNSEL FOR HOSPITALITY COMPANY (Atlanta, GA)

Atlanta, Georgia, United States

Our client, a highly successful pioneer in the hospitality industry, has engaged us to identify a skilled commercial real estate attorney wi...
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SENIOR REAL ESTATE COUNSEL FOR HOSPITALITY COMPANY (Atlanta, GA)

Atlanta, Georgia, United States

Our client, a highly successful pioneer in the hospitality industry, has engaged us to identify a skilled commercial real estate attorney wi...
Apply Now ›

LOWENSTEIN SANDLER LLP

12/10/2018
NJLJ Web

LOWENSTEIN SANDLER LLP ANNOUNCES
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BRAFF, HARRIS & SUKONECK

12/10/2018
NJLJ Web

IN MEMORIAM: Harold I. Braff
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PARRETT, PORTO, PARESE & COLWELL, P.C.

12/10/2018
Connecticut Law Tribune

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