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Prosecuting Environmental and Toxic Torts
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A policyholder’s tort claim for the bad faith refusal to pay a claim was dismissed as a matter of law where a legitimate dispute existed as to coverage liability at the time of the coverage decision by the U.S. District Court...more
In This Issue:
- Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith
- New York Court...more
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
Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more
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.
Michigan Department of Transportation v. Employers Mutual Casualty Co. et al. , 480 Mich. 862; 748 N.W.2d 239 (2008) - After a catastrophic accident involving a motor carrier hauling gasoline caused significant property...more
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