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Connecticut Law Tribune

Judge Says New Insurance Ruling Will 'Open the Floodgates to Litigation'

"The truth matters," Leonard Isaac, the plaintiff's attorney, said. "Our system is built on it. When parties do not answer truthfully and honestly, and they have no probable cause for the answer they're filing, they're going to be held accountable for that."
5 minute read

The Legal Intelligencer

Pa.'s Insurance Data Security Law—Getting Ready for the Second Phase

If your organization (or your client) has not yet begun preparing for satisfy the requirements of this phase, time now is of the essence to undertake these steps and build a record of affirmative evidence showing compliance.
6 minute read

The Legal Intelligencer

Special Section: Insurance Law 2024

In The Legal's Insurance Law special section, read about PFAS coverage, regular use exclusions after Gallagher and defense counsel's responsibility to the insured and insurer.
2 minute read

The Legal Intelligencer

An Overview of Emerging Hazards Under CGL Policies

In recent years, new hazards have emerged that potentially implicate coverage under commercial general liability policies. Much attention has been paid to the liabilities associated with opioids and "PFAS," but there are many other examples of emerging hazards.
8 minute read

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

The Legal Intelligencer

How Massive Sports Contracts and Lottery Winnings Influence Jury Verdicts

What factors are contributing to the desensitization of jury pools, leading to these unprecedented verdicts? More importantly, what can we, as defense lawyers, do to mitigate or at least slow down this trend?
9 minute read

The Legal Intelligencer

'Regular Use Exclusions' Stand: Pa. Supreme Court's Latest Ruling Post-'Gallagher'

After the Pennsylvania Superior Court determined in 2021 that "regular use exclusions" in UM/UIM policies violate the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL), and in a post-Gallagher legal landscape, some were ready to put the regular use exclusion to rest for good. Now, however, in Rush v. Erie Insurance Exchange, 308 A.3d 780 (Pa. Jan. 29, 2024), the Pennsylvania Supreme Court, in a lengthy majority opinion, has confirmed that the regular use exclusion remains very much alive.
7 minute read

The Legal Intelligencer

PFAS Coverage Litigation: Emerging Lessons for Emerging Risks

During the past few years, per- and poly-fluoroalkyl substances (PFAS) have rapidly transformed from an "emerging" risk into an "emerged" risk. PFAS coverage litigation, which has increased correspondingly, may forecast future coverage fights concerning other risks as they potentially move from "emerging" to "emerged" status as well.
8 minute read

New York Law Journal

No-Fault Insurance Law Wrap-Up: Recent Decisions Concerning Arbitration Awards

"In this edition of the No-Fault Wrap-Up, we discuss several recent court decisions concerning no-fault arbitration awards," write David M. Barshay and Steven J. Neuwirth.
12 minute read

Daily Business Review

Judge Rules Against Insurer in $127M Suit Over Aircraft 'Theft'

"From public reporting, we understand that the total amounts of these claims are in excess of $10 billion," said one of the attorneys involved in a separate but similar lawsuit.
4 minute read

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