Insurance Limits and Case Value - A Clear Correlation?
The Social Engineering Cyber Exposure
Taking A Proactive Approach to Cyber Security
Underwriting: Art or Science?
Medical PL Risks in Retail Healthcare
Physician Considerations When Prescribing Medical Marijuana
Amy Levine Discusses TNC Insurance Policies at 2015 CIWA Summer Forum
Mark Robinson Discusses Price Optimization at the 2015 CIWA Summer Forum
David Hauge Discusses Insurance Rebates at the CIWA Summer Forum & Annual Meeting
Electronic Medical Records: Help or Hindrance?
Variables Affecting Medical PL Settlement Values
Technology in Healthcare
Prior & Pending Litigation
Nowotny on Private Placement Group Variable Deferred Annuity Contracts for Tax Exempt and Foreign Investors
Nowotny on Private Placement Variable Deferred Annuities
The Intersection of Cyber and D&O Coverage
Nowotny on Private Placement Life Insurance
Is Private/Non-Profit D&O Coverage Under Priced?
Halliburton: Good for the Plaintiffs’ Bar?
D&O in Brazil and Latin America
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
The fifth annual Division of Industrial Relations Workers’ Compensation conference, held on August 19 and 20, 2015, was attended mostly by people servicing employers , insurers, and third-party administrators in the workers’...more
A recent trial court decision in the Federal District Court demonstrates the importance of taking a conservative approach to regulatory compliance. Zurich Insurance v. Country Villa Service Corp involved esoteric questions...more
Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy -
Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more
The deadline for Assembly bills to be passed by the California Assembly and for Senate bills to be passed by the California Senate was June 5.
Bills that met the deadline are eligible for enactment this year. Bills that...more
On May 26, 2015, the Pennsylvania Supreme Court handed down its much anticipated decision in Mutual Benefit Ins. Co. v. Christos Politsopoulos. The decision is good news for policyholders, particularly those who use...more
Chapman v. Coca-Cola Bottling Co., No. 2013-CA-01883-COA (Miss. Ct. App. Mar. 17, 2015).
Ruling en banc, court affirms grant of summary judgment for insurer, adjuster and employer on bad faith claims brought by former...more
Missouri insurance regulators recently announced a $1.25 million settlement with nine affiliated insurance companies as a result of a market conduct examination into their handling of workers’ compensation insurance. ...more
In Iowa, an employer directs medical care in an accepted workplace injury and may lawfully deny treatment unrelated to the injury. In a recent case, Hoyt v. Wendling Quarries and United Heartland, treatment was found...more
On January 29, 2015, the Court of Appeal, Second Appellate District, ordered the publication of Ogden Entertainment Services v. WCAB (Ritzhoff), (B254082), previously a non-certified opinion that issued on December 31, 2014....more
SC19037 - Brody v. Brody -
In this multi-million dollar matrimonial dissolution action, the SCT took the opportunity to clarify Connecticut law on civil contempt. The court set aside prior Appellate precedent and held...more
The Declaratory Judgment Act, 28 U.S.C. § 2201, gives federal district courts “unique and substantial discretion” over whether to hear suits seeking a declaration of rights. Wilton v. Seven Falls Co., 515 U.S. 277, 286...more
The U.S. Congress failed to reauthorize the Terrorism Risk Insurance Program Reauthorization Act (TRIPRA) prior to adjourning on December 16, 2014. The new 114th Congress will not convene until January 6, 2015 and may not...more
One of the biggest risks oil and gas companies face is a blowout or other catastrophic event that causes serious injury or death. In the aftermath of such an event, companies often find themselves facing lawsuits by injured...more
Over the past year, courts in Illinois and Pennsylvania have dramatically altered the ability of an employee to bring claims against past and present employers for asbestos-related injuries. Traditionally, employees were...more
In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a judge adopted the Report and Recommendation of her magistrate judge and granted an individual disability insurer summary judgment on its...more
FLORIDA FEDERAL CASES -
- Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more
In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a Magistrate Judge issued a Report and Recommendation granting an individual disability insurer summary judgment on an insured’s claims...more
Insurers have a duty to process claims in good faith, but sometimes they farm the job out to third-party administrators (TPAs). If the TPA fouls up, many states hold that the insurer is still liable—for its own breach of...more
On July 18, 2014, the County of Los Angeles (“the County”) filed a lawsuit in Los Angeles Superior Court again Michael D. Drobot, Sr., his son Michael R. Drobot, Jr. and their controlled entities, Pacific Hospital of Long...more
The Fifth Circuit recently reversed, per curiam, a district court decision finding that a contract worker cleaning oiled beaches near Grand Isle, Louisiana, in the wake of the 2010 Macondo oil spill qualified as a...more
District of New Jersey Denies Class Certification in Title Insurance Case on Grounds of Ascertainability -
In the latest in a series of decisions from courts in the Third Circuit regarding ascertainability of a...more
A recently-published decision of the U.S. District Court for the Western District of Virginia should be expected to have an immediate impact on the use of expert testimony in subrogation cases in that region. The case,...more
A federal district court has held an arbitration clause in a Reinsurance Participation Agreement (RPA) between an insured and a reinsurer invalid and unenforceable under governing state law. The RPA complemented a standing...more
The United States Court of Appeals for the Fourth Circuit, in Lincoln v. Director OWCP (Ceres Marine Terminals, Inc.) No. 13-1594 (March 11, 2014), was recently asked to address the effect of the employer filing a notice of...more
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