Insurance Professional Malpractice

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Georgia Appellate Court Holds Malpractice Coverage Suit Must Be Arbitrated

The Court of Appeals of Georgia recently affirmed a trial court’s ruling compelling arbitration in a malpractice coverage dispute. McLarens Young International Inc. (McLarens) and American Safety Casualty Insurance Company...more

Employing the term "family" in trust instruments and trust-related legislation is asking for trouble

Employing the term “family” in trust instruments and trust-related legislation is asking for trouble. In §8.15.6 of Loring and Rounds: A Trustee’s Handbook (2016) the authors explain why the meaning of the term in a given...more

Reps & Warranties Insurance on the Rise [Video]

From the 2015 PLUS Conference session “Playing to Win – Strategic Use of Reps & Warranties Insurance,” panelist Matthew Heinz (Aon Transaction Solutions) discusses reasons why reps and warranties insurance is being purchased...more

Medical Malpractice and Healthcare Quarterly - Winter 2015-2016

DELAWARE MOVES TO MAKE TELEMEDICINE MORE ACCESSIBLE - On July 7, 2015, Governor Jack Markell signed into law House Bill No. 69 (DE LEGIS 80 (2015), 2015 Delaware Laws Ch. 80 (H.B. 69)), which amends various provisions of...more

Where in the World are the D&O Claims? [Video]

From the 2015 PLUS Conference session “Where in the World are the (D&O) Claims?,” moderator Jennifer O’Neill (Allianz Global & Corporate Specialty) and panelist Stephen Shepherd (Zurich Insurance Company) discuss D&O trends...more

Trends in Whistleblower Litigation [Video]

From the 2015 PLUS Conference session “Unfinished Laws? An Update on Dodd-Frank, The JOBS Act, Etc.,” panelist Sharie Brown, Esq. (Troutman Sanders LLP) discusses trends in whistleblower litigation. If D&O insurance issues...more

Federal Court Dismisses Insurance Fair Conduct Act Claims

In a rare victory for insurers, the U.S. District Court for the Eastern District of Washington dismissed Insurance Fair Conduct Act (IFCA) claims against Evanston Insurance Company. Washington’s IFCA provides a statutory...more

Check--and Double Check--to Avoid Professional Liability in New Jersey

A recent New Jersey Supreme Court decision warns that health-care facilities that fail to do appropriate due diligence before granting privileges to physicians could face potential liability for that failure. In Jarrell v....more

Securities Class Actions and Halliburton – What it Means for Defense Counsel [Video]

From the 2015 PLUS Conference session “Securities Class Actions: Going the Way of the Dinosaurs?,” moderator Tower Snow (Cooley LLP) and panelists Jeroen van Kwawegen, Esq. (Bernstein Litowitz Berger & Grossmann LLP) and Paul...more

Supreme Court Clarifies Contours of In Pari Delicto Doctrine

The Delaware Supreme Court, in a recent order affirming the opinion of the Delaware Court of Chancery, provided clear guidance about when third-party corporate advisers may raise the in pari delicto defense as a shield to...more

NJ Supreme Court Upholds Insurer’s Right to Rescind When Professional Liability Insurance Is Procured by Fraud

On December 1, 2015, in DeMarco v. Stoddard, the New Jersey Supreme Court, in a 5–2 decision, reversed an Appellate Division decision, DeMarco v. Stoddard, 434 N.J. Super. 352 (App Div. 2014), and held in favor of the...more

Beware of conflating power of appointment doctrine and merger doctrine in the trust context

Assume a trust that was initially for the benefit of its settlor (who is now dead) has the following additional terms: All net trust-accounting income to settlor’s surviving spouse (X) for life; trustee may invade principal...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36382, AC36387 - Hilton v. Commissioner of Correction - AC36922 - Nationwide Mutual Ins. Co. v. Pasiak - This was Round Three of a case previously reported on. An...more

Health Alert (Australia) - November 2, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australian Capital Territory 29 October 2015 - In the matter of ER (Mental Health and Guardianship and...more

Health Alert (Australia) - October 19, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments New South Wales (NSW) 12 October 2015 - Klewer v Sydney Children’s Hospital Specialty Network [2015] NSWSC...more

Selling Cyber Insurance to Professional Services Firms [Video]

From the 2015 PLUS Cyber Liability Symposium session “How to Sell Cyber Insurance to Different Industries,” Mickey Estey of RT Specialty and Michael Lamprecht of BigData Insure, LLC discuss cyber exposures for professional...more

Rod Beckstrom Discusses Cyber Security and Metasploit [Video]

From the 2015 PLUS Cyber Liability Symposium luncheon keynote “Preparing for Cyber Armageddon: What are the Threats and How Can Your Company Protect Itself?,” Rod Beckstrom of the Beckstrom Group looks at some of the...more

The Ethics of Using Public Adjusters as Expert Witnesses

Somewhere in Texas at this very moment a public adjuster is knocking on the door of a home or business owner offering to inspect the roof for wind or hail damage and assist with the submission of an insurance claim. It is...more

The Internet of Things and Cyber Risk [Video]

From the 2015 PLUS Cyber Liability Symposium (#PLUScyber), Kirstin Simonson of Travelers visits the PLUS Media Zone to discuss the internet of things and related, emerging risks....more

Emerging Cyber Liability Risks [Video]

Laurie Kamaiko, partner at Locke Lord in New York and panelist for the #PLUScyber session “Emerging Cyber Risks: Terrorism, Crime & Ransomware” joins us in the Media Zone to discuss emerging risks and whether or not current...more

Is the Cyber Insurance Market Sustainable? [Video]

Sarah Stephens had a busy morning at last week's sold-out #PLUScyber, moderating our discussion with Brian Krebs, participating in our Hot Topics panel, then visiting the PLUS Media Zone to answer a few questions. She even...more

Selling Cyber Insurance: Key Considerations [Video]

From the 2015 PLUS Cyber Liability Symposium session “How to Sell Cyber Insurance to Different Industries,” moderator Mickey Estey of RT Specialty visits the PLUS Media Zone to discuss the cyber exposures faced by different...more

New Jersey Court Holds Demand Letter Is A Claim

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co., 2015 U.S. Dist. LEXIS 121753 (D.N.J. Sept. 11, 2015), the United States District Court for the District of New Jersey had occasion to consider what...more

Party Waived Untimely Defense To Arbitration, Notwithstanding Party’s Claim That Counsel Committed Malpractice

The court confirmed an arbitration decision awarding damages in favor of workers compensation insurers against various insured employee-staffing companies. One of the defendant companies contended that it never executed the...more

Insurance Limits and Case Value - A Clear Correlation? [Video]

From the 2015 PLUS Medical PL Symposium session “Mo' Money, Mo' Problems: Do Limits Increase Claims Values?,” moderator Jonathan S. Ziss, Esq. (Goldberg Segalla) and plaintiffs' attorney Michael F. Barrett, Esq. (Barrett...more

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