By Adolfo Pesquera | August 2, 2024
The physicians admitted a meeting of the minds is needed to form a binding contract, but claimed a specific dollar amount is not required for a contract to be enforceable.
By Marianna Wharry | July 26, 2024
"In sum, we conclude that it is ambiguous whether rainwater accumulation on roofs constitutes 'surface waters' within the meaning of the policies," Associate Justice Scott L. Kafker wrote for the Massachusetts Supreme Judicial Court. "Our conclusion that this language is ambiguous is confirmed by the inconsistency in the case law, which flows naturally from this ambiguity. As we must read any such ambiguity in the policies in favor of the policy holder, we do so in the instant case."
New York Law Journal | Commentary
By Joshua L. Blosveren and Bradley J. Nash | July 26, 2024
"In determining whether an organization's potential liability for an employee's sexual misconduct is covered, the relevant question is whether the harm was expected or intended from the organization's standpoint," write Joshua L. Blosveren and Bradley J. Nash.
By Alexander Lugo | July 25, 2024
Shareholder Raychel Garcia said her new firm is "really ready to rock and roll with the huge caseloads that came from tort reform and now the shorter timelines that we have to get these cases ready for trial."
The Legal Intelligencer | Commentary
By Loren L. Pierce and Daniel P. Murray | July 25, 2024
While usually seen as a standard, boilerplate letter, attorneys must be cognizant of the obligations imposed on them across the states to ensure that a Reservation of Rights letter complies with each state's specific requirements on the timing of delivery of the letter and the content of the letter to preserve its defenses and avoid prejudicing the insured.
The Legal Intelligencer | Commentary
By James C. Haggerty, Jeffrey K. Stanton and Dennis Coyne | July 25, 2024
Litigation regarding the validity and enforceability of various exclusions in auto policies in Pennsylvania is a never-ending tug of war between claimants and insurance companies. The most heated battles are in the realm of household and regular use exclusions. The fight over these exclusions may finally be coming to an end.
By Riley Brennan | July 18, 2024
The Eighth Circuit considered whether Nationwide met its burden to show that an ordinary person would understand that a post third sale offering of a tax-delinquent house is a public auction.
By Mason Lawlor | July 17, 2024
Upon investigating whether death benefits were owed, Pacific Life found a history of "alcohol abuse" dating 10 years prior to the representations made by the deceased in his application, which omitted alcohol struggles.
By Adolfo Pesquera | July 15, 2024
A court of appeals ruled an excess policy did not unambiguously exclude defense costs for the insured, a Houston oil drilling services company involved in a personal injury settlement.
New York Law Journal | Analysis
By James E. Mercante | July 11, 2024
Count a gritty marine insurer as part of the exclusive Supreme Court's 9-0 club; winners by knockout in a hotly contested marine insurance dispute that braved its way from the District of Pennsylvania to the Third Circuit and ultimately landed in the Supreme Court.
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