With Veterans Day recently passed, it seems like a good time to remind employers of a federal law with teeth that protects employed servicemembers. It behooves employers not to overlook USERRA, the “Uniformed Services...more
In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more
The practice of law is increasingly complex, and lawyers can use all the support they can get. Paralegals often play a large role on legal teams, providing invaluable support to lawyers. But this begs some questions: What are...more
The United States federal court system periodically publishes reports (called “Just the Facts”) addressing trends facing the federal judiciary. On November 16, 2021, the U.S. Courts released its latest “Just the Facts,”...more
It is well-settled in most jurisdictions that settlement agreements are contracts subject to the same rules of formation, validity, and interpretation as other contracts. C.J.S. Compromise & Settlement § 51...more
Many business owners have a commercial general liability (CGL) policy covering their business. While CGL policies offer broad coverage for many types of losses, automobile accidents are generally not among those covered...more
In prior blogs, I have discussed liability insurance, including the application of the insuring agreement and exclusions to the existence of coverage, as well as litigating insurance coverage disputes. A related issue...more
The coronavirus has quickly spurred significant changes in most people’s daily lives and routines. In light of the widespread closure of public places and a growing number of safer-at-home orders, nearly everyone has found...more
4/1/2020
/ Business Closures ,
Business Interruption ,
Coronavirus/COVID-19 ,
Financial Distress ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Operators of Essential Services ,
Property Damage ,
Property Insurance ,
Public Health ,
Relief Measures ,
Social Distancing ,
State of Emergency
It happens all the time – a water leak in a house or other building goes unnoticed for some period of time, and then mold appears. Insurance policies generally provide coverage to repair water damage, provided other policy...more
12/17/2019
/ Denial of Insurance Coverage ,
Homeowner's Insurance ,
Homeowners ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Property Owners ,
Toxic Mold
In this high tech era we live in, creating, storing and using data is commonplace. The sheer quantity and scope of data has made protecting that data of paramount importance. Yet, every day we hear about another data...more
If you quit your job because of a hostile work environment, is it still “voluntary”? According to the Alabama Supreme Court’s July 12, 2019 opinion in Arnold v. Hyundai Manuf. Ala., LLC, it is. In Arnold, Hyundai hired Arnold...more
7/25/2019
/ AL Supreme Court ,
Appeals ,
Attorney's Fees ,
Breach of Contract ,
Employee Relocations ,
Employment Litigation ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Pre-Employment Agreements ,
Prejudgment Interest ,
Reimbursements ,
Resignation ,
Summary Judgment ,
Trial Court Orders
In a murderer’s row of what not to do as a mortgage creditor, the 11th Circuit recently reversed summary judgment in favor of a creditor for alleged violations of the Fair Credit Reporting Act (“FCRA”), Florida Consumer...more
In my most recent blogs (“Do you really need a court to tell you what the insurance policy covers? Litigating insurance coverage issues? When and how to turn to the courts”, Part 1 and Part 2), I addressed the various reasons...more
In part one of this blog I discussed intervention, one option insurers may have when coverage questions arise. As I noted in my prior blog, procedures for intervention vary by state, and some states simply do not allow an...more
No one should know what an insurance policy covers better than the insurer itself. After all, the insurer wrote the policy, right? Yet there are times when coverage questions arise that even the drafter of the policy cannot...more
“Bad faith” – just the sound of it can bring fear to even the most experienced claim adjuster. And for good reason. In many states, an allegation of bad faith in claim handling or a claim decision can bring with it the threat...more
While it is possible that with four decades of music, Joni Mitchell’s lyrics have been referenced in a court opinion before, I’d venture a guess that Ms. Mitchell has never made an appearance in an ESI case. That is, until...more
I was recently reminded that it has been over a year since my last ESI-related blog. My excuse is that I wanted to allow the new Federal Rules of Civil Procedure addressing ESI to percolate before writing on the...more
2/10/2017
/ Amended Rules ,
Discovery ,
Discovery Disputes ,
Duty to Preserve ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
FRCP 26 ,
FRCP 30(b)(6) ,
FRCP 37(e) ,
Proportionality ,
Sanctions
Those of you with gray hair like me may recall the life insurance vanishing premium lawsuits from the mid-1990s. As a refresher, that flood of lawsuits arose from life insurance policies sold in the 80s (mainly whole or...more
Over the past year, I have blogged about ESI rules and best practices for identification, preservation and collection of ESI. In this blog I want to focus on the potential consequences for inadequate efforts in any of these...more
Although commonly used in insurance policies, the term “ structural damage ” is typically an undefined term, leaving it to insurers, insureds, and sometimes the courts to define. In Florida, federal district courts had come...more
With apologies to Tampa Bay Buccaneer fans, I write today about a recent 11th Circuit opinion involving the Buccaneers Limited Partnership (“BLP”) and the more than 100,000 unsolicited faxes sent by BLP, advertising tickets...more
As part of my ongoing discussion about ESI collection issues, I want to spend more time on the custodial interview process, because the interview is a critical part of any defensible collection. First, you must identify...more
My last blog generally addressed the rules applicable to best practices as to identification of Electronically Stored Information (ESI). Once the data identification process is complete, the next step is to determine...more
There is an ongoing debate about who should conduct ESI collection. This is critical, primarily because if collection is done improperly, it could lead to inadmissibility at trial, sanctions or both....more