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Untouchable? – New York Court Rules that Policyholders Have No Claims against Reinsurer (NICO) or Third-Party Claims Administrator...

In recent years, more than two dozen insurance companies, including Liberty Mutual, AIG, and CNA, have entered into reinsurance arrangements with National Indemnity Company (“NICO”), a subsidiary of Berkshire Hathaway Inc....more

Eleventh Circuit: Excess Insurer, Like All Florida Bad Faith Claimants, Must Prove Causation to Succeed on Bad Faith Claim Against...

Westchester Fire Insurance Co. v. Mid-Continent Casualty Co., No. 13-12932, 2014 WL 2766764 (11th Cir. Jun. 19, 2014) - The Eleventh Circuit finds that a primary insurer did not act in bad faith by failing to inform...more

Illinois Court Holds that Potential for Excess Judgment Requires Independent Counsel

In its recent decision in Perma-Pipe v. Liberty Surplus Ins. Corp, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014), the United States District Court for the Northern District of Illinois had occasion to consider...more

Lack Of Proper Notice To Reinsurer Bars Claim For Payment Under Facultative Reinsurance Contracts

A federal district court granted summary judgment in favor of a reinsurer who had been sued by a ceding company for failure to pay under two facultative reinsurance certificates that reinsured two excess liability policies...more

SDNY Predicts California Would Adopt Bad Faith Exception to Notice-Prejudice Rule

Introduction - The U.S. District Court in the Southern District of New York recently granted, in part, a reinsurer’s motion for summary judgment on a late notice defense, but ruled the issue of whether a reinsurer was...more

Missouri Supreme Court Confirms That A Defendant Need Not Plead Its Liability To Plaintiff In A Third-Party Claim For Contribution

For more than 35 years Missouri defendants have been filing third-party claims for contribution against other potentially liable persons or entities not sued directly by the plaintiff. But for 33 of those years defendants...more

Practical Implications Of Howell v. Hamilton Meat

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more

Ontario Court Refuses to Apply "Stonewall Principle"

An Ontario court recently refused to apply the American "Stonewall" principle, which would hold insurers financially responsible to pay for damages in years when insurance against the relevant risk was unavailable. This...more

Should the insurers pay?

In the light of the PIP breast implants scandal a brief summary of how business liability insurance works in the UK with reference to product liability and product recalls...more

Perception is Reality

Perception is Reality for legal teams. Capitalizing on a diverse legal team is important in the Twenty-first century. ...more

The Network of Trial Law Firms Offers FREE Online CLE

Shouldn't CLE be free? Now it is, as The Network of Trial Law Firms today launched its TRIAL.COM Online CLE Center at www.TRIAL.COM/cle. The service is 100% free and attorneys watching the videos can qualify for CLE credit in...more

Wrongful Death Cases and Claims - A California Wrongful Death Attorney Discusses When It’s Right To Make A Claim

Wrongful death attorneys in California know that before a family member can be ready to begin the process of making a claim for the loss of a loved one, a family member needs time to grieve. Wrongful death lawyers need to...more

Anticipation of Litigation: The Role of Litigation Privilege in Subrogated Claims

When an insurer steps into the shoes of its insured and commences a subrogated action against the parties who caused an insured loss, it is often desirable for the insurer to withhold the production of certain documents that...more

Sept 11: Risk Managment Lessons Learned

Sept 11: Risk Managment Lessons Learned...more

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