A party is not required to show prejudice to establish that an opposing party has waived its right to arbitrate by litigating in court, the U.S. Supreme Court has held in a unanimous decision....more
The Appeals Court of Massachusetts has affirmed judgment in favor of an insurer under a claims-made policy on the basis that the claim was not timely reported. See Meadows Constr. Co. LLC v. Westchester Fire Ins. Co., 2022...more
Real Property Update - Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more
Companies within and outside the State of California who offer products and services to California residents are focusing on what they need to do to comply with the new California Consumer Privacy Act of 2018 (CCPA), which...more
On November 13, 2018, the United States Court of Appeals, Fifth Circuit, affirmed the United States District Court for the Western District of Texas’s denial of prevailing party attorneys’ fees in a matter of first impression...more
A New York statute provides that liability insurers may not deny claims on grounds of late notice, unless they can show they were prejudiced by the delay. The statute applies to policies “issued or delivered” in New York. In...more
The New York State Insurance Department has issued an ambiguous opinion taking the position that the amendment to Insurance Law §3420(a)(5), changing the “no prejudice” rule, applies to all liability policies, which arguably...more