Professional Malpractice Insurance

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What Are Insurers Using for Excuses Not to Pay Claims?

We have seen a recent rash of cases where defending insurers are stretching to new lengths to force their insureds to contribute substantially more that the deductible bargained for in the policy, often grasping at the straw...more

Health Alert (Australia) June 27, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 21 June 2016 - Inquest into the death of Summer Emerald Rose Jamsek Summer Jamsek was born at...more

JSH Reporter - Summer 2016

We are excited to announce the launch of our Summer 2016 JSH Reporter! The JSH Reporter is designed to provide information about changes in the law and how these affect a variety of industries. In this issue, you will...more

Alert: Law Firms May Have Duty To Warn Clients of Possible Insurance Coverage

A recent decision by a New York State Appellate Court has again reminded law firm risk managers of a possible law firm obligation to clients, especially those recently served with a lawsuit. The Court held that defense...more

Health Alert (Australia) - May 16, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 10 May 2016 - Allie v Allied Medical Group Pty Ltd (Human Rights) [2016] VCAT 728 Mr Allie...more

Defence & Indemnity - April 2016: I. INSURANCE ISSUES

General information of claims practices and company personnel obtained by an insurer’s in-house counsel is not the type of confidential information that will disqualify the lawyer from acting as Plaintiff’s counsel against...more

Insurance Review May 2016

It has been another active year for class action and mass tort litigation in Australia, with seemingly very few industries or sectors immune, even the legal industry upon which this burgeoning area of the law has been built....more

No Closure Yet on the Issue of Aggregation of Claims Against Solicitors

The Court of Appeal in AIG Europe Ltd v OC320301 LLP (formerly The International Law Partnership LLP) has ordered a retrial of the question of whether actions brought by 214 investors in two failed holiday property schemes in...more

Insurance Recovery Law - March 2016

High Times in the Insurance Industry: Colorado Federal Court Considers Coverage for Medical Marijuana Business - Why it matters: With legalized marijuana businesses booming, a new decision from a Colorado federal court...more

Health Alert (Australia) - March 21, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Victoria - 15 March 2016 Inquest into the death of Reginald Johns Brooks - On 20 December 2013, Mr Brooks,...more

Individual Accountability and the SEC [Video]

From the 2016 PLUS D&O Symposium session “The DOJ, SEC and the New Era of Individual Accountability,” Helen Cantwell (Debevoise & Plimpton) and Stephanie Avakian, Esq. (U.S. Securities & Exchange Commission) discuss...more

Health Alert (Australia) - March 7, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Victoria 26 February 2016 Inquest into death of Maree Rosalie Jones Ms Jones was admitted...more

Real Estate E&O Policy Exclusions Arising from Bank-Owned Properties [Video]

From the 2015 PLUS Conference session “2015 Real Estate E&O Trends,” Mike Smith (Axis Insurance Services), Eric Myers, RPLU (Victor O. Schinnerer & Co.) and Gary Shendell (Shendell & Pollock) discuss the real estate E&O...more

Court Rules In Favor Of An Attorney Regarding Claims Arising From A Conflict of Interest

In Fitts v. Richards-Smith, three brothers were riding in a car when the car hit another vehicle properly stopped in the road. 2016 Tex. App. LEXIS 1542 (Tex. App.—Texarkana February 17, 2016, no pet. history). The driver was...more

Are insurers keeping pace with healthcare institutions? [Video]

From the 2015 PLUS Conference session “The Brave New World of Medicine: Can the PLI Industry Keep Up?,” Audrey N. Greening of INTEGRO discusses the differing pace of change between healthcare institutions and...more

Agent and Broker PL Claims Trends [Video]

From the 2015 PLUS Conference session “PLI for Agents and Brokers: Increasingly Risky?,” Peter Biging (Goldberg Segalla LLP) and Lisa Doherty (Business Risk Partners) discuss the evolving claims environment, including the...more

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

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