Tag: InsuranceLaw
PG&E’s Legal Exposure to Liability for Fires Could Cost Customers – Or Lead to Bankruptcy
News
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.
IADC Journal Covers Asbestos, Punitive Damages and Manufacturers’ Legal Hurdles
Insight
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.
Company Couldn’t Cut Disabled Worker’s Benefits, So It ‘Went Rogue’ and Had Him Arrested, Lawyer Says
News
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.
5 Insurance Tips Before the Storm Hits
Insight
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.
Florida Supreme Court Deals Blow to Geico in ‘Bad Faith’ Dispute
News
The 4-3 ruling came in a multimillion-dollar case that has been watched by the insurance industry and trial attorneys.
Texas Court Construes Breach of Contract Exclusion Narrowly in Duty-to-Defend Case
Insight
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.
Parking Garage Collapse: What Car Owners With Damaged Vehicles Should Consider
News
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.
Is Your Insurance Provision Meeting Its Full Potential?
Insight
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.
Berkshire’s National Indemnity Ordered to Pay $43 Million for Asbestos Settlement
News
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.
Does the Insurance Policy Incorporate the Service Contract by Reference? An Examination of In Re Deepwater Horizon
Insight
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.
The Eighth Circuit Raises the Bar for Would-Be Indemnitees
Insight
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.
The Importance of Attention to Risk Allocation Provisions in Contracts
Insight
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.
Are Smart Contracts Smart Enough for the Insurance Industry?
Insight
In an article in the Pillsbury Policyholder Pulse blog, Kimberly Buffington and Cara Adams discuss the question: Will insurance policies become the laboratory to test the thesis behind smart contracts?
IADC Explores Privacy and Data Protection Issues in Defense Counsel Journal
Insight
The International Association of Defense Counsel (IADC) has dedicated the October 2017 edition of its Defense Counsel Journal (DCJ) to the exploration of privacy issues.
Disney Takes Insurer AIG to Court Over ‘Pink Slime’ Defamation Settlement
News
The Walt Disney Company is going to battle with its insurer, AIG, as it seeks coverage for a massive settlement in the “pink slime” defamation case, Variety is reporting.
11th Circuit: ‘Completed Work’ Exclusion Does Not Bar Claims for Work Under Maintenance Contract
Insight
The 11th Circuit found that the unambiguous language of an insurer’s “Completed Work” exclusion did not bar coverage for injuries sustained by a motorist injured at a railroad crossing who later sued the insured, reports Hunton Williams.
Law Firm Sues Insurer Over $700K in Lost Billings Due to Ransomware Attack
News
The suit says the infection disabled the law firm’s computer network, meaning lawyers and staffers “were rendered essentially unproductive.”
Negotiating Technology Contracts – Insurance Requirements
Insight
Stephen F. Pinson of Scott & Scott LLP provides a list of insurance provisions that parties should include in technology contracts for the different types of claims scenarios between contracting parties.
U.S. Accuses UnitedHealth of Medicare Advantage Fraud
News
The accusation against the company is the latest, following separate lawsuits in two separate whistleblower lawsuits against the country’s largest health insurer, reports Reuters.
Reallocation Actions and Settlement Agreements: What Did We Settle?
Insight
Frequently, a dispute cannot be fully resolved where nonparties to the dispute have contributed defense and indemnity amounts on behalf of one or more of the parties and have reserved the right to seek recovery of those amounts in subsequent litigation, writes Stacy L. La Scala.
