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June 13, 2019 | Insurance Coverage Law Center

In Forum Fight, Federal Court Rejects 'First-to-File' Rule, and Dismisses Insurer's DJ Action

A federal district court in Florida has dismissed an insurer's declaratory judgment action to give a state court considering a motion for proceedings supplementary in a pending lawsuit against the insured construction company time to determine the insured's rights under its insurance policies.
4 minute read
May 13, 2019 | Insurance Coverage Law Center

Insurer's Post-Suit Payment of Appraisal Amounted to Confession It Breached Policy

A Florida appellate court has ruled that an insurer's post-suit payment of an appraisal award constituted a confession that it had incorrectly denied benefits to its insureds by erroneously invoking the policy sublimit in its formal response to the claim they submitted before suing.
7 minute read
March 19, 2019 | The Recorder

Widow Loses Bid for Death Benefits for Husband Killed by Tow Truck

A federal judge has ruled that death benefits were not payable to a widow who said that her husband had been struck after he exited a tow truck and it backed over him, reasoning that he had not been “in or on” the tow truck at the time of his death.
3 minute read
March 19, 2019 | Insurance Coverage Law Center

Widow Loses Bid for Death Benefits for Husband Killed by Tow Truck

A federal district court in California has ruled that death benefits were not payable to a widow who said that her husband had been struck after he exited…
3 minute read
March 07, 2019 | New York Law Journal

Legal Malpractice Suit Against Lowenstein Sandler Tossed by Appeals Court, Which Called It 'Speculative'

A former pharmaceuticals company officer had sued Lowenstein Sandler, claiming the firm failed to give him important tax advice about potential tax consequences tied to exercising company stock options as he departed the company.
4 minute read
January 22, 2019 | The Recorder

California's Short Form Power Of Attorney Did Not Authorize Change To Life Insurance Beneficiary

A federal district court in California has ruled that a short form power of attorney did not authorize the person granted the power of attorney to change the beneficiary on the grantor's life insurance policy.
6 minute read
January 22, 2019 | FC&S Insurance

California’s Short Form Power of Attorney Did Not Authorize Change to Life Insurance Beneficiary

A federal district court in California has ruled that a short form power of attorney did not authorize the person granted the power of attorney to change…
6 minute read
August 31, 2018 | New York Law Journal

New Ethics Opinion on Litigation Funding Gets It Wrong

The New York City Bar ethics committee recently issued Formal Opinion 2018-5: Litigation Funders' Contingent Interest in Legal Fees.
10 minute read
August 20, 2018 | FC&S Insurance

139 W. Marion Ave, LLC v. Scottsdale Ins.

Click Here for FC&S Legal Expert Analysis 139 W. Marion Ave, LLCv.Scottsdale Ins. Co.United States District Court for the Middle District of Florida,…
27 minute read
August 20, 2018 | FC&S Insurance

Despite 10 Month Delay, Insurer Did Not Waive Right to Demand Appraisal of Hurricane Irma Loss

A federal district court in Florida has granted an insurer’s motion for appraisal in a coverage case over losses suffered during Hurricane Irma,…
4 minute read

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