News & Analysis as of

Removal Insurance Litigation

Carlton Fields

South Carolina Supreme Court’s Quiet Erosion of Insurers’ Attorney-Client Privilege Rights

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One decision that flew under the radar in 2019 continues the recent trend of courts to dispense, under among other things the previously discussed “at-issue” waiver doctrine, with insurers’ fundamental rights to...more

Butler Weihmuller Katz Craig LLP

The Markovits Decision: Considerations And Implications

Recently, Florida’s First District Court of Appeal held that for purposes of determining the timeliness of a proposal for settlement, the complaint is considered served on the insurer when process is served upon the statutory...more

Carlton Fields

District Court Finds that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is Not Preempted By State...

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A district court judge in the U.S. District Court for the Eastern District of Louisiana has issued an order attempting to resolve the apparent tension created by Louisiana law barring compulsory arbitration provisions in...more

Zelle  LLP

5th Circ. Brings Consistency to Improper-Joinder Analysis

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Weather events in recent years have led to a surge of lawsuits seeking coverage for property damage. Often, in an effort to defeat diversity jurisdiction, a Texas resident will sue both a foreign insurance company and a...more

Zelle  LLP

The Wild West of Improper Joinder in North Texas

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In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be...more

Carlton Fields

Service Of Suit Clause Waives Reinsurers’ Rights To Remove Case To Federal Court

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A federal district court in New Hampshire has held that a service of suit clause contained in reinsurance contracts waives the reinsurers’ rights to remove a litigation brought against them in state court by the Insurance...more

Zelle  LLP

Don’t Mess With Texas Adjusters In Hail Damage Claims

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Texas hail claim policyholder lawyers, like many plaintiffs’ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to...more

BakerHostetler

BakerHostetler 2014 Year-End Review of Class Actions (and what to expect in 2015)

BakerHostetler on

We are pleased to share with you the BakerHostetler 2014 Year-End Review of Class Actions, which offers a summary of some of the key developments in class action litigation during the past year. Class action litigation...more

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