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 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 Michael H. Sampson | August 29, 2017
Entrants into Pennsylvania's medical marijuana industry will want—and, in many cases, need—to obtain various types of insurance coverage. What happens, though, when one of those businesses is sued or suffers a loss and turns to its insurer for coverage? Will the insurer provide coverage? Or, will the insurer disclaim coverage because it remains illegal under federal law to manufacture, distribute or dispense marijuana? If the insurer attempts to avoid coverage on the basis of public policy or an illegal-acts exclusion, will courts in Pennsylvania allow the insurer to do so, or will they protect the policyholder's right to coverage?
By thelegalintelligencer | The Legal Intelligencer | August 28, 2017
Duane Morris partner John A. Nixon is scheduled to be honored with a Leadership Excellence Award from the Pennsylvania Diversity Council at the eighth annual Philadelphia Diversity and Leadership Conference on Thursday at the Hilton Philadelphia City Avenue.
By Robert H. Louis | August 28, 2017
This article and another to follow later in the year review some of the basic rules of retirement distributions. Start with Social Security benefits. As discussed previously, there are options as to when you begin receiving Social Security benefits, basically from age 62 to age 70.
By Craig R. Tractenberg | August 28, 2017
Settlements are the results of dispute resolutions that we make for ourselves. To avoid the uncertainties of having third parties resolve our disputes, we rewrite our own relationships. In franchise relationships, which can be complicated and have long-term commitments, releases have special uses so that the parties can put issues behind them. This article focuses on certain issues recurrent in franchise arrangements that continue to require additional attention.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
A. Harold Datz, 69, of Cherry Hill, New Jersey, died Aug. 25 of complications from cancer at Abington Hospice at Warminster.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
Montgomery McCracken Walker & Rhoads added Erin A. Novak to its litigation department.
By Lizzy McLellan | August 25, 2017
Firms in lower-rate markets, such as those in central Pennsylvania, have long touted the cost savings they can offer clients. But with the growing demand for alternative fee arrangements, they've found another attraction to draw clients away from the big city.
By Timothy W. Callahan II and Megan E. Albright | August 25, 2017
In July, the Pennsylvania Supreme Court issued a landmark decision in Valley Forge Towers Apartments v. Upper Merion Area School District and Keystone Realty Advisors, No. 49 NAP 2016, (July 5), holding that a taxing authority's practice of filing assessment appeals for commercial properties, but not other types of properties, violated the uniformity clause of the Pennsylvania Constitution.
By Carl W. Hittinger and Tyson Y. Herrold | August 25, 2017
Last month we discussed the role of the presidency in formulating antitrust policy, pointing out the fallacy of the view that the Antitrust Division of the Department of Justice has historically been (or should be) completely independent of the White House. We posited that history shows that the Antitrust Division's enforcement decisions have been (and should be) a product of informed presidential policy and that past presidents have attempted to apply the Sherman Act in a way that balances the panoply of challenges, both foreign and domestic, that every president elected by the people invariably faces.
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