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Defense Strategies Insurance Litigation

Goldberg Segalla

Dwindling Returns: Failing to Read LPL Policy Cost Millions

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A quirky reality of litigation is that the amount of recoverable dollars often dictates the strategy and approach. Maybe no one said it better than Biggie: “mo money, mo problems.” Especially in the context of an insured...more

Clark Hill PLC

Reviewing 2024 Pennsylvania Legal Malpractice Decisions

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As the calendar turns to 2025, a look back at the Pennsylvania appellate dockets shows a number of impactful legal malpractice decisions, including one that was recently reargued en banc with significant ramifications for law...more

Hinshaw & Culbertson - Insights for Insurers

Key Insurance Decisions, Trends, and Developments in 2024 and a Look Ahead to 2025

Introduction - As 2025 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2024 and provide a forecast of potential trends and developments for...more

Marshall Dennehey

Changes in Insurance Fraud Law Takes Case for a Ride

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The unpublished case of Settler v. Auto-Owners Ins. Co., 2023 WL 5157685, illustrates the impact of evolving case law and changes in insurance fraud litigation in the state of Michigan. In Settler, the plaintiff was injured...more

Lowenstein Sandler LLP

When You’re Close to Settlement but Your Insurer is Entrenched: How Policyholders Can Make it Over the Finish Line

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Today on “Don't Take No for an Answer,” hosts Lynda A, Bennett and Eric Jesse discuss what they see as an increase in insurers acting in bad faith trying to avoid their coverage obligations, with more roadblocks, more...more

Goldberg Segalla

[Webinar] The Fungus Among Us: Proactive Strategies for Adjustment of Mold-Related Claims - March 28th, 12:00 pm - 1:00 pm EDT

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In this webinar, Goldberg Segalla’s Larry D. Mason and Kerry L. Jones will explore the primary fungi that serve as the foundation for most mold-related claims, common health problems associated with insured’s and third-party...more

Butler Weihmuller Katz Craig LLP

When the “Made Whole” Doctrine Isn’t a Defense to Subrogation

In some jurisdictions, the “made-whole” doctrine requires insured parties to be made whole before an insurance carrier may recover from a third-party as a subrogee. Every so often, a tortfeasor will argue this doctrine as a...more

Goldberg Segalla

[Webinar] Avoiding Pitfalls in Premises Liability – Key Considerations for Premises Liability Claims - July 18th, 12:00 pm - 1:00...

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Premises liability injury or “slip and fall” claims present substantial risk to insureds who have customers or guests in their business or on their property. However, not all premises liability claims are created equal. This...more

Hinshaw & Culbertson - Insights for Insurers

Updated Social Inflation Survival Guide: The Dangerous Triple Barrel Threat of Social Inflation, Economic Inflation, and...

Updated Social Inflation Survival Guide - Insurance professionals and counsel deal with it on a daily basis, plaintiffs' personal injury lawyers are driving and benefiting from it, consumers and policyholders are paying...more

Miller Nash LLP

[Webinar] Insurance Applications: Best Practices and the Consequences of Missteps - May 23rd, 9:00 am - 10:30 am PDT

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Insurance applications are emerging as the first place insurers look to deny coverage. These often-contentious coverage fights are avoidable and, given their increasing frequency, emphasize the need for risk managers and...more

BakerHostetler

Insurance Class Action Update - 2022 Q4

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The end of this past year witnessed further development of total loss, uninsured/underinsured motorist (UM/UIM) and COVID premium rebate class actions, along with movement in new(er) property and casualty class actions...more

Hinshaw & Culbertson - Insights for Insurers

The Social Inflation Survival Guide: Identifying and Surviving the Dangerous Triple Barrel Threat of Social Inflation, Economic...

This White Paper takes a comprehensive look at social inflation, identifying the causes, scope, and costs of social inflation. It also examines the risks and challenges insurers and their policyholders confront as a result...more

Hinshaw & Culbertson LLP

[Webinar] Defending the Traumatic Brain Injury (“TBI”) Case – The Objective vs. The Subjective - October 12th, 1:30 pm - 2:30 pm...

Hinshaw is pleased to partner with the American Educational Institute and Society of Claim Law Associates for a presentation on Defending the Traumatic Brain Injury ("TBI") Case - The Objective vs. The Subjective. Hinshaw...more

Miller Nash LLP

[Webinar] Leveraging Claims Handling Requirements to Get Results - February 23rd, 9:00 am - 10:30 am PST

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Insurance companies are notorious for putting policyholders through the wringer when a claim is made. Learn how to push back and better advocate for yourself and your clients in this fast-paced webinar led by some of the...more

American Conference Institute (ACI)

[Event] 30th Annual Employment Practices Liability Insurance Conference - January 25th - 26th, New York, NY

ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more

Lowenstein Sandler LLP

Can’t We All Just Get Along? Effective Ways to Navigate the Tri-Partite Relationship Among Policyholders, Insurers, and Insurer...

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In the defense of a claim, the relationship between the policyholder, the insurer, and the defense counsel, also known as the tri-partite relationship, is important. Though each party’s approach to settling a claim may be...more

Rumberger | Kirk

Automotive and Trucking Accidents in the U.S. with Foreign Defendants: What Insurers Need to Know

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Attorneys Mike Forte and Vince Saccomando discuss defense strategies for automotive and trucking accidents in the U.S. with both foreign and U.S. defendants. They outline what insurers should know in handling these claims...more

Cozen O'Connor

Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California

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Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual...more

Tyson & Mendes LLP

Stop Nuclear Verdicts: Compensate Like Plaintiff Lawyers

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Here is a question for insurers: You are in the business of managing risk, but what have you and your defense counsel done differently in the last decade to manage or stop nuclear verdicts? The risk is real. Jury verdicts...more

Cozen O'Connor

Tips for Avoiding First-Party “Bad Faith” in Illinois

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Illinois does not recognize bad faith as an independent tort. In the first-party context, bad faith is a purely statutory construct which hinges upon whether an insurer’s conduct was “vexatious and unreasonable.”...more

Hinshaw & Culbertson LLP

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Claims Handling Issues and Bad Faith...

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more

American Conference Institute (ACI)

[Virtual Event] Employment Practices Liability Insurance - January 26th - 28th, 10:15 am - 4:15 pm EST

29th Annual Employment Practices Liability Insurance - ACI’s 29th Annual Employment Practices Liability Insurance conference returns on January 26-28, 2021 in an interactive, virtual format! This yearly conference is the...more

Carlton Fields

Washington Federal Court Finds Attorney-Client Privilege Waived by Claims Handler’s Inadvertent Disclosure of In-House Counsel’s...

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A federal district court in Washington recently held that a claims handling mishap resulted in a waiver of the attorney-client privilege otherwise protecting a coverage opinion provided by the insurer’s internal legal...more

Flaster Greenberg PC

Ten Tips for Avoiding Litigation: Tip #3 – Check Your Insurance Coverage Frequently to be Sure it Protects Your Business from...

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Although having adequate insurance coverage is not necessarily a way to avoid litigation, I have included it on my list of litigation-avoidance tips because it is so important in protecting you and your business from...more

Rumberger | Kirk

Nuts and Bolts of Florida’s Seatbelt Defense

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Florida is a popular destination for vacations and second homes.  When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt.  To prevail on the seatbelt...more

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