The New York Court of Appeals recently reversed and remanded a lower court’s ruling that insurers had waived their late notice defense by not raising the defense until years after they first received notice of a pollution...more
The parties to a mass tort insurance coverage dispute have never been the only ones with a significant interest in its outcome. Direct insurers have relied on reinsurers to spread their own risk. In the past, in cases where a...more
Over the past several years, businesses of all sizes have witnessed a proliferation of risks to their bottom lines, both from potential direct losses such as property damage and business interruption, and from potential...more
The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation.
First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing...more
Since our prior two posts on the issue, there have been several developments showing that questions about the proper use of social media in litigation continue to abound. These developments demonstrate that practitioners who...more
Last year, we wrote an article published in the Corporate Counselor that discussed the coverage consequences of business interruptions caused by unprecedented flooding of the Mississippi River. In the article, we discussed...more