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November 11, 2013 | Legaltech News

Surveillance Footage in Litigation

Where a party is on notice of potential legal action, any intentional or negligent destruction of surveillance footage will normally result in spoliation sanctions. But what if a party was on notice of a potential claim before destruction of the footage, but maintains that the footage did not capture the event in question?
9 minute read
November 07, 2013 | New York Law Journal

Surveillance Footage in Litigation

John V. Barbieri and Michael K. Dvorkin, partners at Litchfield Cavo, write that where a party is on notice of potential legal action, any intentional or negligent destruction of surveillance footage will normally result in spoliation sanctions. What if, however, a party was on notice of a potential claim before destruction of the footage, but maintains that the footage did not capture the event in question? Or only some footage was destroyed?
9 minute read
June 13, 2013 | FC&S Insurance

No Coverage for Sheriff’s Employees Who Allegedly Had Sex with Prisoner without Her Consent

A federal district court in Illinois has ruled that an insurer was not obligated to defend claims against employees of a county sheriff that they had sex…
5 minute read
March 28, 2013 | FC&S Insurance

11th Circuit Confirms Ruling that Insurer Must Defend Hotel in Legionnaires’ Disease Case

The U.S. Court of Appeals for the Eleventh Circuit has withdrawn an opinion in a Legionnaires’ Disease case against a hotel but confirmed its prior…
4 minute read
March 19, 2013 | FC&S Insurance

2d Circuit: ‘Poor Quality’ Exclusion Bars Coverage of Claim that Calling Cards Provided Fewer Minutes than Advertised

The U.S. Court of Appeals for the Second Circuit has ruled that a “poor quality” exclusion in an insurance policy barred coverage of claims…
2 minute read
February 25, 2013 | New York Law Journal

Issues Surrounding Insurer's Late Disclaimer: What to Do?

Louis F. Eckert, a senior partner with Litchfield Cavo, and Richard Petersen, a senior associate with the firm, write that insurers must pay close attention to not only the timing of their denials, but also the cause behind them.
30 minute read
February 05, 2013 | FC&S Insurance

Company Car Not Covered Under Business Auto Policy, Court Finds

A federal district court has ruled that a Land Rover owned by Maintenance Dynamics, Inc. (“MDI”), was not a covered auto under a business auto…
5 minute read
December 07, 2012 | FC&S Insurance

Damages from Asbestos Products Were an ‘Occurrence’ Even Though Insured Was Aware of Risks, Appellate Court Rules

An intermediate appellate court in New York has affirmed a trial court decision granting Union Carbide Corporation’s motion for partial summary judgment…
2 minute read
October 29, 2012 | FC&S Insurance

Insurer Had Duty to Defend and Indemnify Hotel Where Guest Contracted Legionnaires’ Disease at Outdoor Spa

Is a complaint against an insured hotel alleging that a guest contracted Legionnaires’ Disease from an outdoor spa excluded from coverage under the…
4 minute read
July 09, 2012 | FC&S Insurance

Reinsurance

As a general rule, reinsurance contracts are contracts of indemnity, which give the original assured no right of action against the reinsurer. An exception…
1 minute read

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