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October 07, 2024 | New York Law Journal

'Just the Facts'—What Is an Insurer to Do?

Insurers are often faced with claims presenting factual issues, and the determination of the factual issues is relevant to both the insured's liability for the claim and the insurer's obligation to provide coverage.
8 minute read
October 01, 2024 | Daily Business Review

How Much Coverage Do You Really Have? Valuation and Loss Settlement Provisions in Commercial Property Policies

While in many cases involving a substantial property loss the applicable policy limit is clear, in some cases it is not, and the amount to which the policyholder is entitled is governed by a confluence of policy provisions informed by applicable state law.
10 minute read
September 25, 2024 | Daily Report Online

Definitely Not 'A Bridge Too Far': Georgia's Latest Legislative Attempt to Limit Bad-Faith Settlement Setups

Legislative response is needed to arrest the growing threat of bad faith for failing to accept settlement offers never meant to succeed.
12 minute read
September 10, 2024 | New Jersey Law Journal

Is Your Award Taxable? A Look at the Taxation of Judgments and Settlements

"Almost any amount received will be considered income unless there is an exception or exclusion contained with the Internal Revenue Code or case law," writes Schenck Price's Douglas Eisenberg.
9 minute read
September 05, 2024 | The Legal Intelligencer

Limiting Contractual Liability and Professional Services Exclusions in Liability Policies

These exclusions need to be narrowly tailored during contract negotiations to avoid potential coverage gaps that could render the coverage purchased illusory, and denials of coverage for a claim based on such exclusions also need to be closely examined.
9 minute read
Law Journal Press | Digital Book Limited Liability Companies and Limited Liability Partnerships Authors: Thomas A. Humphreys View this Book

View more book results for the query "Excess Insurance Company, Limited"

August 28, 2024 | Law.com

Recent Verdicts Cast New Light on Jurors in 'Conservative' Georgia County

The Alcovy Judicial Circuit has been deemed "conservative" by many attorneys, but a pair of recent automotive tort jury verdicts has signaled a clear message: "credibility still matters" to Walton County jurors.
5 minute read
August 28, 2024 | Daily Report Online

Recent Verdicts Cast New Light on Jurors in 'Conservative' Walton County

The Alcovy Judicial Circuit has been deemed "conservative" by many attorneys, but a pair of recent automotive tort jury verdicts has signaled a clear message: "credibility still matters" to Walton County jurors.
5 minute read
August 26, 2024 | Daily Report Online

'Must We Hear the Defense?': Jury Sends Note Indicating Early Decision

"The moral to the story is that credibility still matters," said prevailing defense counsel Scott W. McMickle of McMickle, Kurey & Branch in Alpharetta.
6 minute read
August 26, 2024 | Daily Business Review

Authorizing the Use of Attorney Opinion Letters in Lieu of Title Insurance in Real Estate Transactions

AOLs are an important emerging trend in real estate finance transactions. However, despite being more affordable than title insurance, they should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.
6 minute read
August 20, 2024 | The Legal Intelligencer

'Conditional Duty to Indemnify' in Pa.: An Insurance Company's Duty to Pay a Settlement

An insurance company's duty to defend carries with it a conditional duty to indemnify a settlement reached prior to judgment. When an underlying action is settled, there are often unresolved factual questions. In almost all circumstances, Pennsylvania law does not permit a trial of those facts in an insurance declaratory judgment action.
8 minute read

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