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Crystal Ball Perspective: Will Healthcare Reform be Repealed if Romney Wins the Presidential Election?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?
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
In St. Paul Mercury Insurance v. Mountain West Farm Bureau, 210 Cal. App. 4th 645 (10/25/12), the California Court of Appeal addressed the duty of an insurance carrier to defend a general contractor named as an additional...more
California Courts handed down some interesting decisions re insurance coverage during the fourth quarter of 2012:
St. Paul Mercury Insurance v. Mountain West Farm Bureau (10/25/12)
In an equitable contribution action, an...more
On January 1, 2013, new rules governing indemnification in construction contracts went into effect under SB 474 in California. The new law impacts commercial real estate, and public and residential projects.
The big picture...more
Courts often require insurers to return premiums (or at least offer to return them) when rescinding an insurance policy. Some states may even require it under statute. The reason is that rescission is an equitable remedy...more
When you purchase an insurance policy and pay your monthly premiums, you expect your insurer to honor claims when you suffer a loss. One of insurance’s greatest benefits is supposed to be the peace of mind it purchases — the...more
Business Interruption Insurance
Business Interruption Insurance (“BII”) is a form of commercial insurance coverage that provides limited but useful protection when a business is unable to continue normal operations or occupy...more
Some attorneys are known for being long-winded time wasters who act with little regard for efficiency, especially when billing at an hourly rate. Although we believe the length of a deposition is often dictated by the...more
Steven Brodie, a shareholder with Carlton Fields, is a commercial litigator in state and federal courts.
Q: What is the most challenging case you have worked on and what made it challenging?
On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more
The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more
Insurance companies and corporate defendants often begin a lawsuit at a disadvantage due to the mere fact that they are being sued by a plaintiff who alleges to have been injured and/or damaged. It is therefore crucial to...more
On May 8, 2013, the California Supreme Court convened to hear oral argument in Zhang v. Superior Court. The case presents the issue of whether conduct of an insurer, which is related to conduct that would violate California’s...more
Using tools and strategies to effectively and intelligently proceed a case through the litigation process, based on the goals and expectations of a specific client, is an important part of effective legal representation. This...more
The standard for admitting expert scientific testimony in a federal trial under the Federal Rules of Civil Procedure was established in the case of Daubert v. Merrell Dow Pharmaceutical (US Supreme Court, 6/28/93), then...more
There is an increasing trend in the UK towards accepting a blanket notification of claims, or circumstances that might give rise to a claim, as valid notification under an insurance policy. Australian companies should...more
On April 29, Justice Eileen Bransten of the New York State Supreme Court issued an opinion granting in part and denying in part competing motions for summary judgment filed by MBIA and Countrywide in connection with tort and...more
Any company faced with a coverage denial inevitably asks the question: Will the insurance company change its position if we sue them for bad faith? The short answer to the question is usually no. In general, insurance...more
Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or...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
Proposed rule would substantially increase rewards for fraud tips and enhance billing revocation authority.
On April 29, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule (Proposed Rule) that...more
Recently, Washington courts have issued a number of opinions resolving a variety of issues against insurers. For instance, the Washington Supreme Court presumed that there is no attorney-client privilege in a bad-faith suit...more
On April 25, the First Department of the Appellate Division of the New York Supreme Court affirmed an order barring monoline insurers CIFG and Syncora from suing GreenPoint Mortgage Funding for alleged violations of...more
On April 22, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California dismissed as time-barred the Federal Deposit Insurance Corporation’s (FDIC) $31 million suit against JPMorgan...more
As previously noted in a recent blog post, defendants should immediately evaluate their insurance coverage upon receipt of a class action complaint. But as one defendant recently discovered the hard way, that evaluation must...more
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