Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By newyorklawjournal | New York Law Journal | August 31, 2017
Costco's Contract Breach Claim Against Insurer Dismissed as Barred by Release, Satisfaction
By Evan H. Krinick | August 31, 2017
Insurance Fraud columnist Evan H. Krinick writes: Even clear proof of a false claim and a criminal defendant's guilt does not necessarily mean that a criminal insurance fraud case will proceed uneventfully to a conviction, or withstand a defendant's appeal. In some instances, a defendant who has filed a false claim with intent to defraud an insurance company will file a motion before or after the verdict, or will appeal the verdict (or guilty plea), resulting in some rather interesting—and potentially legally significant—court decisions.
By Nichole Morford | The Legal Intelligencer | August 29, 2017
In The Legal's Insurance Law supplement read about how marijuana's legalization will affect coverage, reps and warranty insurance and whether or not businesses like Airbnb are covered.
By Christopher J. Tellner and Benjamin R. Messing | August 29, 2017
In the field of insurance law, most liability policies are designed to cover two primary and qualified contractual obligations assumed by the insurer—a defense expense obligation and an indemnification expense obligation. How the defense expense obligation is actually implemented through policy language can vary greatly between types of liability policies. The most frequently encountered liability policies—home, auto, commercial—implement the defense expense component through what is known as a duty to defend provision, in which the insurer assumes control of the defense of a claim and appoints defense counsel to represent the policyholder. However, there is another category of liability policies that do not contain a duty to defend provision but instead contain a duty to advance defense costs provision. These are typically found in higher exposure liability policies such as directors and officers (D&O), employment practices liability (EPL), or individual and organization (I&O) policies, where the policyholder, not the insurer, controls selection of counsel and exercises primary control over litigation, albeit with some limitations. Often, policies containing a duty to advance defense costs explicitly state at the outset that the insurer disclaims any duty to defend. This disclaimer, however, does not end the inquiry. Since policies containing a duty to advance defense costs are less frequently encountered by courts there is limited legal authority interpreting duty to advance provisions. We examine the differences between these two types of polices and how courts applying Pennsylvania law have addressed the topic. As discussed below, despite a duty to defend disclaimer, policies that contain a duty to advance defense costs provision most often are examined under the traditional duty to defend analysis.
By John Council | August 28, 2017
Texas lawyers have some crucial advice for victims of Hurricane Harvey: notify your insurance company of home or business damage before Sept. 1 or suffer the consequences of a new state law that reduces the penalties insurers pay for delaying or denying claims.
By newyorklawjournal | New York Law Journal | August 25, 2017
Court Adheres to Prior Order Insurer Needed To State Good Faith Basis for Requesting EUO
By Michael Booth | August 25, 2017
Two related claims in Pennsylvania state and federal courts should not automatically result in the federal court abstaining from involvement, the U.S. Court of Appeals for the Third Circuit ruled Aug. 21, rejecting what it said was a district judge's overly broad definition of what constitutes a parallel proceeding in state court.
By Michael Booth | August 25, 2017
A federal magistrate has ruled that a medical malpractice insurance carrier may not use the report of its expert in a lawsuit against a rival carrier and a broker since it did not provide the defendants with research, largely relied on by the expert, during discovery.
By ctlawtribune | Connecticut Law Tribune | August 25, 2017
In the Law Tribune's Insurance Law special section, articles focus on collapse, EO insurance and other topics.
By Lizzy McLellan | August 24, 2017
A Delaware aviation company is arguing Cozen O'Connor gave the company faulty advice on how to get coverage for its damaged airplane.
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