News and Events for Attorneys and Executives

Tag: InsuranceLaw

Construction Defect Dispute Governed by Contract Disputes Act Not Yet Suited to Being a ‘Suit’

Insight
The Southern District of California recently held that a series of demands for a general contractor to investigate and repair several construction defects at a U.S. Army facility did not constitute a “suit” within the meaning of the general contractor’s commercial general liability policy.

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‘Immoral and Barbaric’: Cancer-Surviving Judge Blasts Insurer For Denying Lawyer’s Treatment

‘Immoral and Barbaric’: Cancer-Surviving Judge Blasts Insurer For Denying Lawyer’s Treatment

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One judge, who felt he had to recuse himself and who was a prostate cancer survivor himself, made it clear how he felt about the case.

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Why Do I Want/Need a Waiver of Subrogation?

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Ira Meislik of Meislik & Meislik, writing in the firm’s Ruminations real estate law blog, examines the use of subrogation clauses in real estate leases in relation to insurance policies.

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New York Regulator Subpoenas Insurance Broker Over Trump Organization Dealings

New York Regulator Subpoenas Insurance Broker Over Trump Organization Dealings

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The subpoena came after former Trump lawyer Michael Cohen told Congress the president inflated the value of assets to insurers, according to Reuters.

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Texas Supreme Court Ruling on Attorney-Client Privilege Can Benefit Insurers

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The ruling is significant to Texas because it aligns the state with the federal rules on expert disclosure and production.

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Service Contracts and the Magnuson-Moss Warranty Act

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Although service contracts mirror many of the features of traditional insurance products, most states expressly exclude them from the statutory definition of insurance, according to an article by two Locke Lord lawyers.

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Proposal for Flood-Prone Areas Would Affect Texas Consumers and Insurance Industry

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A bill filed in the Texas Senate would require home sellers to disclose if their property is in a flood-prone area or if it has already flooded.

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‘An’ Versus ‘Any’: When One Word Makes a Profound Difference in an Insurance Contract

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The words “the,” “an” and “any” have been assigned significant importance in the case law, and are also at issue in cases examining other liability exclusions, according to Jones, Skelton & Hochuli.

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PG&E’s Legal Exposure to Liability for Fires Could Cost Customers – Or Lead to Bankruptcy

PG&E’s Legal Exposure to Liability for Fires Could Cost Customers – Or Lead to Bankruptcy

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If Pacific Gas and Electric Company is found liable for the devastating California fires now burning, the company’s customers could be on the hook to pay the bill, or even lead to a PG&E bankruptcy, according to The New York Times.

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IADC Journal Covers Asbestos, Punitive Damages and Manufacturers’ Legal Hurdles

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The International Association of Defense Counsel (IADC) has published its fourth quarter 2018 Defense Counsel Journal (DCJ) with scholarly articles that explore current trends in the practice of law.

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Company Couldn’t Cut Disabled Worker’s Benefits, So It ‘Went Rogue’ and Had Him Arrested, Lawyer Says

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An attempt to prosecute a man drawing disability payments for an on-the-job injury drew a withering rebuke from a judge, and now the man is suing the insurance company for malicious prosecution.

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5 Insurance Tips Before the Storm Hits

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Dallas insurance litigator Meloney Perry of Perry Law P.C. offers some storm insurance tips to keep in mind before and after a storm hits.

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Florida Supreme Court Deals Blow to Geico in ‘Bad Faith’ Dispute

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The 4-3 ruling came in a multimillion-dollar case that has been watched by the insurance industry and trial attorneys.

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Texas Court Construes Breach of Contract Exclusion Narrowly in Duty-to-Defend Case

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A recent decision from the Western District of Texas narrowly construed a common breach-of-contract exclusion and held that the insurer had a duty to defend its insured against an underlying lawsuit over construction defects, according to the Hunton Insurance Recovery Blog.

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Parking Garage Collapse: What Car Owners With Damaged Vehicles Should Consider

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When it comes to repairing cars damaged in a commercial parking garage collapse, owners should consider going through their car insurance carriers first, says a Dallas lawyer.

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Is Your Insurance Provision Meeting Its Full Potential?

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Careful review should go into contracts’ insurance provisions, as it could have enormous effect on your protection from risk and liability, advises Morgan, Lewis & Bockius LLP.

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Berkshire’s National Indemnity Ordered to Pay $43 Million for Asbestos Settlement

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National Indemnity  provided general liability insurance to the state at the time of the alleged exposure, but it had argued those insurance policies didn’t cover the asbestos-related claims, according to MarketWatch.

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Does the Insurance Policy Incorporate the Service Contract by Reference? An Examination of In Re Deepwater Horizon

Does the Insurance Policy Incorporate the Service Contract by Reference? An Examination of <i>In Re Deepwater Horizon</i>

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A Steptoe & Johnson article takes a look at the way additional insured coverage under an insurance policy is analyzed when there is an underlying drilling contract limiting the additional insured coverage to the scope of the liability assumed in the service contract.

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The Eighth Circuit Raises the Bar for Would-Be Indemnitees

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A federal appellate court has issued an order dealing with indemnification for prior settlements, and it could have a hugely beneficial impact on potential indemnitors, including sellers of mortgage loans as well as insurers, reports Bilzin Sumberg.

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The Importance of Attention to Risk Allocation Provisions in Contracts

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A recent Indiana Court of Appeals decision illustrates the importance of having an overall risk allocation strategy in contracts where appropriate, and paying close attention to the language used to express that strategy, writes Christian Jones of Barnes & Thornburg.

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