Robert Helfand

Robert Helfand

Carlton Fields Jorden Burt

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Message: Good Faith is Not Care

When an insurer issues a policy, it assumes a duty not only to investigate and pay claims, but to do so in good faith. There is, however, a difference between that duty and the duty of due care that arises under tort law. ...more

9/10/2014 - Duty of Care Good Faith Insurers

Start Spreading the News: With National Union v. TransCanada, New York Prepares to Broadcast Communications with Coverage...

This is the third and final article about the decision of a New York appellate court in National Union Fire Ins. Co. of Pittsburgh v. TransCanada Energy USA, Inc., 119 A.D.3d 492 (1st Dep’t 2014). The first article discussed...more

8/28/2014 - Attorney-Client Privilege Common-Interest Privilege Property Damage Property Insurance TransCanada

Start Spreading the News: With National Union v. TransCanada, New York Prepares to Broadcast Communications with Coverage...

This is the second article of a three-part series about the decision of a New York appellate court in National Union Fire Ins. Co. of Pittsburgh v. TransCanada Energy USA, Inc., 119 A.D.3d 492 (2014). The first article...more

8/27/2014 - Insurers Lost Earning Capacity Property Damage Property Insurance TransCanada

Start Spreading the News: With National Union v. TransCanada, New York Prepares to Broadcast Communications with Coverage...

The final opinion of a New York appellate court in National Union Fire Ins. Co. of Pittsburgh v. TransCanada Energy USA, Inc., 119 A.D.3d 492 (2014), is only three paragraphs long, but it raises a host of questions about how,...more

8/26/2014 - Attorney-Client Privilege Claims Procedures Confidentiality Insurers Work Product Privilege

Winning Isn’t Everything: Insurer’s Arbitration Success Does Not Prevent Claim for Bad Faith Failure to Settle

After he was rear-ended by a driver without insurance, the plaintiff in Maslo v. Ameriprise Auto & Home Insurance, No. B249271 (Cal. App. Ct. June 27, 2014) incurred $64,000 in medical expenses, but he filed a claim with his...more

8/25/2014 - Arbitration Auto Insurance Bad Faith Car Accident Insurers Uninsured and Under-Insured Motorists

Ask the Public Adjustor: Covering Life with Wisdom*

In December 2010, after sharing a few drinks with his classmates, Josh began driving a dump truck that didn’t belong to him. The police of Stow, Ohio, asked Josh to pull over, but he led them on a 50-mile chase at speeds up...more

8/21/2014 - Car Accident Popular Property Damage Property Insurance

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face...more

7/22/2014 - Compliance Enforcement Enforcement Actions PBGC Private Equity Property Insurance SEC Title Insurance

Denying Coverage Based on Advertising Injury, Court Finds Corporations are Not Persons

A New York appellate court recently found that a corporation is not the kind of "person" that can suffer a violation of privacy rights for purposes of advertising injury coverage. In Sportsfield Specialties, Inc. v. Twin City...more

7/22/2014 - Advertising Advertising Injury Corporate Counsel Popular

Seventh Circuit Confirms: In-House Insurance Lawyers Are as Good as the Name-Brand Product

In 2012, a plaintiff who challenged State Farm’s practice of using in-house attorneys to defend its auto insureds against third-party claims asserted that in-house lawyers constitute "a different … product" from the type of...more

7/14/2014 - Auto Insurance Corporate Counsel State Farm Third-Party

Connecticut Court Declines To Open New Door To Coverage In Data Breach Cases

Massive data breaches, now commonplace, often prompt alarm. But the danger they represent — unauthorized use of confidential information — does not always follow straightforwardly. ...more

5/9/2014 - Commercial General Liability Policies Confidential Information Data Breach Employee Rights Employer Liability Issues IBM Privacy Laws Recall Total

Bad Caregivers Benefit From A Careless Defense

Where an insured defendant is sued under multiple theories and coverage is available for only some of them, an Ohio appellate court has ruled that the insurer’s duty to defend includes an obligation to recommend that the...more

5/5/2014 - Compensatory Damages Duty to Defend Liability Insurance Punitive Damages

Fifth Circuit Adds A Third Dimension To Title Insurance Claims

Title insurance policies typically contain a "survey exception" that excludes coverage for certain title defects that cannot be discovered without a physical survey. In some jurisdictions, insurers also offer to waive that...more

4/30/2014 - Doubletree Surveys Title Insurance

Expect Focus - Volume 1, Winter 2014

In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life Market...more

3/31/2014

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