Polsinelli Podcast - Insurance Recovery Disputes 101
Claims: Government Investigations, Enforcement and Triggering Insurance Coverage Under D and O Insurance
North Carolina Unemployment Insurance Reform Webinar
Ralph Ferrara Discusses Private Securities Litigation at PLI
The Affordable Care Act & the Impact on the C-Suite – Interview with Alden Bianchi, Member, Mintz Levin
The Affordable Care Act: The Structure of Health Plans – Interview with Alden Bianchi, Member, Mintz Levin
Condo Adviser: What is 'FHA approved,' exactly?
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform
Ritholtz: Insurance Regulators Should Oversee Derivatives
How to Respond to President Obama's Cybersecurity Executive Order
Ritholtz: 'Dot Com Bonus Envy' Stymies Wall St. Reform
Insurance Lawyer: Very Limited Coverage for Hurricane Sandy
Weekly Brief: Hurricane Sandy, GC Donations, Tweeting Fake News
Crystal Ball Perspective: Will Healthcare Reform be Repealed if Romney Wins the Presidential Election?
Not Prepared for Healthcare Reform? Three things employers need to focus on now.
The Benefits of WRAP Insurance on Large Construction Projects - Ray Buddie
Highlights from Day Three of Health Care Arguments [audio]
Highlights from Day Two of Health Care Arguments [audio]
Highlights from Day One of Health Care Arguments [audio]
I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ -
Relation-Back: amended complaint naming third-party defendant as defendant relates back to filing of third-party complaint where (a) third-party complaint...more
The New York Court of Appeals rarely hears reargument of its decisions, let alone reverses itself. On February 18, 2014, the Court of Appeals did just that....more
Fourth Circuit Allows Punitive Damages Against Insurer For Bad Faith Despite Lack Of Actual Damages -
Why it matters:
A policyholder is not required to prove ascertainable damages to be entitled to an award of...more
The New York Court of Appeals, in K2 Investment Group, LLC v. American Guarantee & Liability Insurance Company, 2014 WL 590662 (N.Y.), 2014 N.Y. Slip Op. 01102 (N.Y. Feb. 18, 2014), has vacated its own prior decision,...more
K2 Investment Group, LLC. v. American Guarantee & Liability Ins. Co., No. 6, 2014 N.Y. LEXIS 201 (N.Y. Ct. of App. Feb. 18, 2014).
In 2013, the New York Court of Appeals affirmed an order granting summary judgment to a...more
In its February 18, 2014 decision in K2 Investment Group, LLP v. American Guarantee & Liability Ins. Co., New York’s Court of Appeals – New York’s highest court – had occasion to revisit its prior ruling concerning the effect...more
In This Issue:
- Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims
- Fifth Circuit Court...more
Readers may recall our previous entries in July 2012 and August 2013 concerning the decisions of Prepaid Services Pty Ltd v Atradius Credit Insurance NV  NSWSC 608 and Prepaid Services Pty Ltd & Ors v Atradius Credit...more
With the arrival of the new year, many are applying the mantra “out with the old, in with the new.” Although this may be motivational for personal resolutions, it does not generally apply in the context of law as last year’s...more
2013 was a particularly eventful year in Washington insurance law. This paper summarizes the holdings of several notable Washington insurance decisions that were filed in 2013.
Bad Faith -
In Rouland v. Pacific Specialty Insurance Co. the California Court of Appeal for the Fourth Appellate District decided an interesting case under California’s cost shifting provision, Code of Civil Procedure Section 998....more
On November 21, 2013, in Procopio v. Government Employees Insurance Company, a/k/a and d/b/a GEICO, Docket No. A23-1-12T2, an intermediate New Jersey appeals court held that in a pending uninsured motorist (UM) or...more
Barger & Wolen LLP Secures Summary Judgment On Behalf of Client -
District Court Reaffirms “Genuine Dispute Doctrine,” Precludes Bad Faith Claim:
LOS ANGELES –On November 29, 2013, United States District Court...more
A Pennsylvania federal court recently allowed an insurer to plead “bad faith set-up” as a defense to, or “avoidance” of, a bad faith cause of action. The plaintiffs in Shannon v. New York Central Mutual Insurance Company who...more
In Equitas v. Walsham Bros, the Commercial Court ruled on a number of key legal issues concerning the duties owed by Lloyd's brokers to remit funds promptly to clients and to reinsurers.
In Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd (In Liq); in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in Liq)  FCA 883, the Federal Court of Australia granted leave to join the...more
Policyholders, Stand Your Ground -
Insurers make a living by limiting their liability and costs, and understand all too well how to exploit the claims process to accomplish these ends. In this edition of the newsletter,...more
The California Court of Appeal in Reid v. Mercury Insurance Company [(2013) 220 Cal.App.4th 262 (rehearing denied November 6, 2013)] found no California authority “standing for the proposition that there is a duty to settle...more
I. FLORIDA STATE CASES – SASHA GRANAI FUNK -
Foreclosure: final judgment of foreclosure without amounts due and owing invalid and precludes foreclosure sale - King v. US Bank, No. 1D13-3109 (Fla. 1st DCA Nov. 6, 2013)...more
Recently, in IBEW Local 90 Pension Fund v. Deutsche Bank AG, No. 11-cv-4209, 2013 U.S. Dist. LEXIS 155136 (S.D.N.Y. Oct. 29, 2013), District Judge Katherine Forrest declined to certify a class of securities plaintiffs and...more
Litigants that have been forced to defend groundless litigation are entitled to recover their attorneys' fees even if those costs were paid by an insurance company, Maryland's highest court has ruled.
The United States District Court for the Middle District of Florida recently entered summary judgment in favor of Gotham Insurance Company (“Gotham”), finding no coverage for a substantial default judgment entered against its...more
In Brechbill v. State Farm Fire & Cas. Co., No. 1111117, ___ So. 3d ___, 2013 WL 5394444, 2013 Ala. LEXIS 126 (Ala. Sept. 27, 2013), the Alabama Supreme Court held that there is only one, as opposed to two, causes of action...more
In This Issue:
- Southern District of New York Predicts That California Would Adopt Bad Faith Exception to Requirement That a Reinsurer Prove Prejudice for Late Notice Defense:
The United States District Court...more
The New Jersey Appellate Division has held that an individual retained to serve as an arbitrator cannot act as a mediator and then return to the role of arbitrator.
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