Robert Helfand

Robert Helfand

Carlton Fields Jorden Burt

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Partial Recall: Product Contamination Coverage Has Its Limits

In disputes over the scope of liability coverage, courts must often draw a line between (1) providing insurance against errors that harm others and (2) broadly guaranteeing the work product of the insured. The problem is...more

12/8/2014 - FDA Food Contamination Food Manufacturers Food Recalls Food Safety Liability Liability Insurance USDA

Ask the Experts About Bad Faith; Just Be Careful How You Do It

In bad faith cases, juries must often decide if the way an insurer processed a claim lacked a “reasonable” basis. Courts have consistently held that experts can help—by explaining how a claim is supposed to be handled. The...more

11/21/2014 - Bad Faith Expert Testimony Expert Witness Federal Rules of Evidence Insurers

Four’s A Crowd: Third-Party Bad Faith Cases Test the Limits of the Tripartite Relationship

A significant minority of states permit plaintiffs who win judgments against insured defendants to assert claims directly against the defendants’ insurers—including claims for extracontractual liability, based on alleged bad...more

10/27/2014 - Attorney-Client Privilege Bad Faith Car Accident Third-Party Relationships Third-Party Risk

If it Races like a Tortoise: Connecticut Deconstructs a Policyholder

In Sonson v. United Services Auto. Ass’n No. 35890 (Conn. Ct. App. Sept. 16, 2014), an automobile policyholder had to show that a “racing” exclusion did not apply, so he argued that Achilles could never overtake the tortoise...more

10/2/2014 - Auto Insurance Car Racing Policy Exclusions

Court Rejects Workers Comp Insurer’s Challenge to Big Pharma

Pharmaceutical manufacturers that promote off-label uses for prescription drugs have become litigation targets for third-party payors—especially after Kaiser received a nine-figure RICO award last year against the...more

10/1/2014 - Insurers Kaiser Permanente Off-Label Promotion Pharmaceutical Pharmaceutical Manufacturers Popular Prescription Drugs RICO Travelers

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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