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By Adolfo Pesquera | July 12, 2023
"Does an insurer's payment of the full appraisal award, plus any possible statutory interest, preclude recovery of attorney's fees?" the federal court asked.
By Riley Brennan | July 11, 2023
"The Court reasoned that subrogation, by definition, requires that the subrogee obtain the right to proceed against a third party and that the non-duplication provision provided no such right. Accordingly, the reimbursement provision was not prohibited by statute," Judge Robert J. Humphreys wrote for the majority. "For purposes of this case, Reynolds Metals Co. contradicts Kirkpatrick's argument that USAA retains some subrogation right against Brown. Reynolds Metals Co. directly states that an insurer's right to reimbursement from its insured is not equivalent to their right of subrogation against the defendant."
By Allison Dunn | July 11, 2023
"It isn't clear why the 2016 form is in the record, because, according to the Government, it is unnecessary to the ALJ's decision. And no one explains why the form was included, nor convincingly explains why the Court should turn a blind eye to its contents," wrote U.S. District Judge Kyle C. Dudek for the Middle District of Florida.
By Ross Todd | July 11, 2023
"As lawyers, and particularly as litigators, we really value analytics: Hyper-analytical thought processes, really valuing logic. Sometimes that can weigh on those gut reactions and feelings that we all have—or it can cause you to think through and explain away things because we're always problem-solving and solution-reaching."
The Legal Intelligencer | News
By Max Mitchell | July 10, 2023
The plaintiff's memo said Lipschutz relied on the Fonner defendants for their expertise regarding insurance, and believed the underinsurance coverage he'd purchased included coverage in the event that he was not driving the vehicle.
By ALM Staff | July 10, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
By Adolfo Pesquera | July 7, 2023
Cobalt and GAMCO argue Illinois National cannot challenge a securities settlement that two federal courts found "was fair, reasonable and at arms' length," their brief states.
By Alexander Lugo | July 6, 2023
"When the tort reform was percolating, I was already out there looking for folks to be sure that we can properly service our clients," said Alan Nash, shareholder at Marshall Dennehey in charge of its Fort Lauderdale casualty group. "We see litigation continuing to trend upward."
By Lisa Willis | July 6, 2023
"We went in and did this form of alternative dispute resolution, ... and they said, 'We're not paying. We want to present our defenses,'" plaintiff counsel said about Heritage Property and Casualty Co.
New York Law Journal | Analysis
By Michael A. Sirignano | July 6, 2023
Personal injury attorney George Constantine and orthopedic surgeon Andrew Dowd were convicted by a Manhattan federal jury late last year for knowingly profiting from a massive $31 million trip-and-fall accident scheme.
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