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Discovery Insurance Industry

Maison Law

Social Media as Evidence in a Car Accident Claim

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Over the years, social media has developed and contributed a significant role in both the settlement and trial of personal injury cases. Social Media Posts Can be of Pivotal Importance - Courts across the country have toiled...more

Marshall Dennehey

Delaware Supreme Court Denies Transportation Company’s Insurer’s Appeal of Order When Its Insured Defaulted

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Prime Insurance Company v. Cordova, 2024 WL 513706, No. 22, 2024 (Del. Feb. 9, 2024) - This action involved a motor vehicle collision where the named defendants defaulted, and an order was entered against them for failure to...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Morris, Manning & Martin, LLP

Foregoing Discovery Leads to Adverse Judgment Against Insurer

Although discovery is costly, skipping it altogether can be far costlier. Indeed, in a recent case in the Second Circuit, an insurer’s decision to skip discovery likely led to it paying more than the insurer bargained for....more

White and Williams LLP

What a Difference a Day Makes: Mississippi’s Discovery Rule

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The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No....more

Marshall Dennehey

Pennsylvania Court Denies Stay in Action Filed Against Insurer and Insurance Broker

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An insurance broker sought to stay the plaintiff’s negligence action asserted against it pending a determination on the claims of breach of contract and bad faith alleged against the insurer. The court denied the motion to...more

Kennedys

De Bene Esse depositions: A trial testimony insurance policy

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In the wake of COVID-19, litigators all across the United States are noticing an old, yet infrequently utilized, evidentiary tool emerge to address unexpected trial witness unavailability: the de bene esse deposition. A Latin...more

Weber Gallagher Simpson Stapleton Fires &...

Court Rules That Attorney Client Privilege Waived With Ghost Written Disclaimer Letter

Two courts recently held that a disclaimer drafted by an insurer’s in-house or outside counsel and sent from the adjuster may constitute a waiver of the attorney client privilege. ...more

Kelley Drye & Warren LLP

Privilege and the Tripartite Insurer-Insured-Counsel Relationship

The tripartite insurer-insured-counsel relationship requires the insurer, its insured and the insured’s counsel to communicate with each other in the defense of a claim. In general, all parties work together to come to a...more

Epiq

Why You Want Your Providers to Have Industry Subject Matter Experts

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Deciding who to choose as your organization’s legal services provider is a task that requires a lot of research and careful consideration. The first step is determining your current and future needs. Are you just looking for...more

Carlton Fields

Florida Federal Court Denies Policyholder’s Motion to Compel Discovery of Reinsurance Agreements Relating to Disability Insurance...

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An insured filed suit in a Florida district court for breach of contract and breach of fiduciary duty in connection with the defendant-carriers’ handling of claims made under the insured’s disability insurance policies....more

Epiq

[Webinar] The intersection of eDiscovery and insurance claims: How insurers can help clients control costs while achieving better,...

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When it comes to controlling costs, no one likes surprises. In today’s increasingly complex world, with ever changing (and exploding!) data sources and evolving technologies, a shift in mindset can help insurers obtain the...more

Neal, Gerber & Eisenberg LLP

Encouraging News for Policyholders Seeking Coverage for COVID-19 Business Interruption Losses

On August 12, 2020, a federal district court delivered a big win for businesses that were shut down due to the COVID-19 pandemic, holding that the presence of COVID-19 on insured property can constitute “direct physical loss”...more

McDermott Will & Emery

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

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As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

Steptoe & Johnson PLLC

First Look - Summer 2020: Insurance Newsletter

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According to the FBI, “The total cost of insurance fraud (non-health insurance) is estimated to be more than $40 billion per year. That means Insurance Fraud costs the average U.S.family between $400 and $700 per year in the...more

Morris James LLP

Court of Chancery Permits Targeted Jurisdictional Discovery to Seek Proof to Support Non-Frivolous Claim of Personal Jurisdiction

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HM Life Ins. Co. v. Wilmington Sav. Fund Soc’y, FSB, C.A. No. 2018-0649-SG (Del. Ch. Apr. 9, 2020). If a plaintiff has pled facts in its complaint to support a non-frivolous claim of personal jurisdiction over a defendant,...more

White and Williams LLP

Coverage Counsel Authors Insurer’s Letters – Leads To Waiver of Attorney-Client Privilege

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The other thing more unexciting than a discovery dispute is reading about someone else’s discovery dispute. But Wednesday’s decision from the Washington federal court in Canyon Estates Condominium Association v. Atain...more

White and Williams LLP

Third Circuit Clarifies Standards Governing Confidentiality of Litigation Documents

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As an update to our April 1, 2019 Reinsurance Alert, the Third Circuit Court of Appeals recently affirmed the U.S. District Court for the Middle District of Pennsylvania’s holding in Pennsylvania National Mutual Casualty...more

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part III – Proof by Other Claims

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In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering...more

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part II – Focusing on Plausibility

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In Part I of this series, we discussed institutional bad faith and best practices for insurers to minimize the risk of these costly and intrusive lawsuits. In Part II, we will focus on cutting discovery off at the...more

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part I – A Primer on Institutional Bad Faith

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Broadly speaking, there are two types of bad faith claims that may be alleged against an insurance company - traditional or non-institutional bad faith, and institutional bad faith. For the former, a policyholder would seek...more

Perkins Coie

South Carolina Attorney-Client Privilege Ruling Is a Gift to Insurers

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As Law360 recently reported, the South Carolina Supreme Court delivered a gift to insurers facing bad faith claims in that state. The court determined that, where a policyholder brings a bad faith claim against its insurer...more

Saul Ewing LLP

Delaware Superior Court Upholds Motion to Compel Insurer to Produce Defense Medical Examination Reports Because the Reports Were...

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AmGUARD Insurance Company ("AmGUARD") was ordered to comply with a plaintiff’s request for production in a worker's compensation case for forty-one medical reports of other, unrelated patients drafted by the same doctor...more

White and Williams LLP

Sharing Privileged Communications: What Insurers and Reinsurers Need to Know

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To balance the relative information inequality between an insurance company and its reinsurers, insurance companies often provide claim-related documents to their reinsurers. When some of those claim-related documents are...more

Maynard Nexsen

Discovery - Be Careful Out There

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Discovery is a critical part of most cases. Some law firms have entire sections dedicated solely to discovery. Some attorneys enjoy the quest for more information while others find discovery to be the bane of their existence....more

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