The United States Court of Appeals for the Third Circuit reversed an Eastern District court ruling striking down a Pennsylvania Rule of Professional Conduct prohibiting knowing harassment and discrimination in the practice of...more
Sheckler v. Auto-Owners Insurance Company, 2021 WL 493226, 2021 Ill. App. LEXIS 593 (Oct. 23, 2021), a decision of the Appellate Court of Illinois, Third Judicial District, concluded that principles of equity justified...more
1/6/2022
/ Co-Insured Issues ,
Commercial Insurance Policies ,
Damages ,
Declaratory Judgments ,
Duty to Defend ,
Fires ,
Indemnity ,
Insurance Industry ,
Landlords ,
Property Insurance ,
Subrogation ,
Tenants
[co-author: Stephanie K. Benecchi]
Why the term “zeal” as used in the ABA Model Rules is misleading and potentially harmful, and why its removal will result in rules that clearly set out a lawyer’s ethical obligations...more
A new ethics opinion from New Jersey turns the concept of “implied consent” under ABA Model Rule 4.2 on its head.
The March 10, 2021 Ethics Opinion from New Jersey -
A recent opinion from the New Jersey Advisory Committee...more
Most states have adopted a version of what is typically referred to as the “Malfunction Theory” that permits circumstantial proof of a product defect in a product liability action. The Malfunction Theory largely corresponds...more
When considering a claim’s subrogation potential, insurance carriers are often confronted with contractual waivers of subrogation that potentially bar the claim. One of the most common waivers carriers face are those...more
According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that...more
10/5/2016
/ Appeals ,
Bylaws ,
Condominium Trust ,
Condominiums ,
Contract Terms ,
Covenants that Run With the Land ,
Negligence ,
Property Damage ,
Property Insurance ,
Property Ownership ,
Rental Insurance ,
Reversal ,
Subrogation ,
Summary Judgment ,
Tenants ,
Waivers