Commercial Law & Contracts › Civil Remedies › Professional Malpractice

Rhode Island Supreme Court Invalidates Healthcare Provider’s Right to Self-Insure

In its recent decision in Peloquin v. Haven Health Ctr. of Greenville, 2013 R.I. LEXIS 9 (R.I. Jan. 14, 2013), the Supreme Court of Rhode Island had occasion to consider the validity of a self-insured retention in a...more

Ninth Circuit Affirms Rescission of Professional Liability Policy

In its recent decision in Tudor Ins. Co. v. Hellickson Real Estate, 2012 U.S. App. LEXIS 19904 (9th Cir. Sept. 21, 2012), the United States Court of Appeals for the Ninth Circuit, applying Washington law, examined whether an...more

6th Circuit Addresses Prior Knowledge Defense Under Legal Malpractice Policy

In its recent decision in Schwartz Manes Ruby & Slovin, L.P.A. v. Monitor Liability Managers, LLC, 2012 U.S. App. LEXIS 12236 (6th Cir. June 15, 2012), the United States Court of Appeals for the Sixth Circuit, applying Ohio...more

Pacific Rim v. Aon: Insurance Broker Has No Duty to Inform Subcontractor of Developer’s Insurnace Company’s Insolvency

The California Court of Appeal recently handed down a significant published decision pertaining to the duty of an insurance broker who procures a policy for the the developer of a construction project. The Fourth Appellate...more

Supreme Court Rules Consumers Can’t Sue Nursing Homes

Nursing homes are free to use binding arbitration agreements in their contracts with residents, barring victims and their families from suing the homes even in extreme cases of personal injury and wrongful death, the Supreme...more

Estate of Kurstin, M.D. v. Lordan, et al.,

Appellate Decision

Trial practice – Civil Procedure – settlement with less than all tortfeasors A frequent issue for trial lawyers as they approach an impending trial against multiple defendants is whether to settle with one and go to...more

Judge to 'Ponzi Disciples' – Don't Look to Insurers

U.S. District Court for the District of South Carolina A South Carolina federal judge granted summary judgment in favor of Continental Casualty Company (CNA) in a declaratory action brought by CNA against its insureds...more

Business, Interrupted - How should losses be assessed?

In this article, Michael Axe looks at some of the arguments on quantum that can be put forward by both Claimants and Defendants in Business Interruption claims. Business interruption claims can arise in a wide variety of...more

A Fee Change

A recent decision of the California Supreme Court has made the enforceability of arbitration clauses in attorney-client fee agreements more secure and raised questions about the continued usefullness of California's Mandatory...more

Indemnity and Infidelity: Advancement of Defence Costs in Actions 'By...the Corporation'

Abstract: Indemnification refers to the financial protection provided by the corporation for its directors. It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the...more

Estate of Kurstin, M.D. v. Lordan, et al.,

Brief of Appellees

Trial practice – Civil Procedure – settlement with less than all tortfeasors A frequent issue for trial lawyers as they approach an impending trial against multiple defendants is whether to settle with one and go to...more