Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
Insurance Dispute Freezes Avandia Victims’ Fund
NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform
Ritholtz: Insurance Regulators Should Oversee Derivatives
How to Respond to President Obama's Cybersecurity Executive Order
Legal Minute: “Who Pays for my Expenses If I’m Injured By A Driver Who Doesn’t Have Auto Insurance?”
Ritholtz: 'Dot Com Bonus Envy' Stymies Wall St. Reform
Corporate Law Report: Obamacare Deadlines, $13M for Exotic Dancer Misclassification, 2013 Medicare Taxes, More...
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Crystal Ball Perspective: Will Healthcare Reform be Repealed if Romney Wins the Presidential Election?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.
Fein, Such, Kahn, & Shepard: Estate Planning
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]
Health Care Cases in 90 Seconds
Health Care 5: Will This Be a Landmark Decision?
Health Care 4: Can Congress Force States to Expand Medicaid?
The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy. The...more
Travelers Property Cas. Co. of America v. Superior Court of California, County of Los Angeles -
Court of Appeal, Second District (April 17, 2013) -
Most insurers do not like to insure empty buildings. Consequently,...more
If a party in litigation has a default judgment entered against it, can its insurance company still file a motion to intervene and use the same defenses that would have been available to the insured if not procedurally barred...more
Many of our litigation management audits involve complex environmental cleanup cases. In these cases, it is important to first evaluate the underlying matter, including the fact patterns of the various...more
Imagine the following scenario; your company has acquired a lease of a prime piece of real estate to accommodate its fast expanding business. The building’s footprint lies in the heart of the city’s commercial centre. The...more
In This Issue: Prepare For A Storm of Lawsuits; To Ensure Coverage, Read Policy Carefully; and Ticketmaster Wins Reversal, Possible Coverage For Class Action Over Ticket Fees
In Seneca Ins. Co. v. Cimran Co., — N.Y.S.2d –, 2013 WL 1405231 (App. Div. 1st Dep’t 2013), the New York appeals court granted the insurer’s motion for summary judgment, declaring that it had no duty to defend and indemnify...more
Have you been involved in an accident on a construction site in Hawaii? If so, a ruling from Hawaii’s Court of Appeals may be relevant.
Committee Substitute for Senate Bill 1770 (CS/SB 1770) passed by the 2013 Florida Legislature creates a “keep-out” clearinghouse to reduce the size and type of exposures insured by Citizens Property Insurance Corporation...more
On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated...more
To the dismay of most New York business owners who suffered property damage from Superstorm Sandy, insurers are taking the position that only flood losses occurred and businesses that did not pay an additional premium for...more
On Monday of this week, the Massachusetts’s Division of Insurance issued a bulletin mandating prompt investigation of business interruption, property damage and medical insurance claims by policyholders victimized by the...more
As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue...more
As both insurers and reinsurers are well aware by now, the destructive path left by Hurricane Sandy in many Northeast states such as New York, Connecticut, and New Jersey was devastating. To date, reports have estimated...more
Superstorm Sandy devastated the east coast last October, causing more than $70 billion in damage to New York, New Jersey and Connecticut. Thousands of businesses suffered extensive property damage to their buildings, contents...more
Typical CGL policies state that they cover damage to property “to which this insurance applies.” CGL policies commonly exclude from coverage property owned or rented by the insured, property rented by the insured, and...more
A recent decision by the California Court of Appeal confirms the willingness of courts in California to enforce exclusions for water damage in property policies, thus precluding coverage for the policyholders’ alleged...more
Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more
In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability...more
Terrorism insurance has been boring for the past several years. It risks becoming not boring. In the lee of the terrorism attack of 9/11, the Terrorism Risk Insurance Act, or TRIA, was rapidly passed by the Congress and...more
New Jersey has now joined New York in instituting a voluntary mediation program for insured victims of Superstorm Sandy with “open and unresolved first-party insurance claims.” The program became operative with the issuance...more
A single casualty loss can affect both the tenant’s commercial space and the landlord’s structure. When that happens, a surprise cost can effectively reduce tenant’s insurance proceeds. The landlord may pass along its high...more
The United States District Court for the Western District of Texas in Austin recently held that an insurer’s timely payment of an appraisal award bars the insured’s extra-contractual tort claims. Michels v. Safeco Ins. Co. of...more
This opinion was issued today by the First District Court of Appeal (1st DCA). This opinion potentially impacts insurers authorized to transact property insurance in Florida in connection with existing and future sinkhole...more
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