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New York Law Journal

Second Circuit's 'Pine' Decision Clarifies When Policyholders Must Report Notices of Alleged Misconduct to Insurers

The Second Circuit's recent decision in 'Pine Management v. Colony Insurance Company' underscores the critical importance of providing notice to insurance carriers of possible claims, even when a specific demand is absent.
8 minute read

New York Law Journal

Pollution Exclusions and PFAS Claims: Reading Tea Leaves From Early Coverage Rulings in New York and Elsewhere

Lawsuits have been filed across the country that allege harms purportedly caused by PFAS chemicals. The underlying litigations have resulted in billions of dollars in settlements, which, in turn, have led to demands for insurance coverage and associated coverage litigation.
7 minute read

New York Law Journal

New York Courts Reject Insurance Companies' Attempts to Recoup Defense Costs

Recently, several New York courts have held that an insurance company has no right to recoup defense costs where the insurance policy includes a duty to defend, but does not include an express contractual provision allowing for recoupment.
9 minute read

New York Law Journal

'Buy and Shelve': A Deadly Strategy for Life Insurance

Corporations typically have risk management departments that stay on top of their coverage portfolios, but individual policyholders all too often purchase policies and simply file them away in the apparent hope that the mere act of buying coverage serves as a hedge against ever needing it. This is the "buy and shelve" approach to insurance. And, while it's never a good strategy, it is particularly dangerous in the context of life insurance.
7 minute read

Daily Business Review

Fla. High Court Clears Path for Insurance Companies to Utilize Payment Methodologies Enumerated in PIP Statute

The "billed amount" issue deals with both policy language and Section 627.736(5)(a)(5) of the PIP statute. In plain language, the issue can be summarized as whether an insurer is eligible to reimburse a bill at 80% of the amount billed when that amount is less than 200% of the Medicare fee schedule rate for the corresponding year for which the service was rendered.
8 minute read

International Edition

13-Strong Clyde & Co Madrid Team Exits for Kennedys

The 3-partner-led team departure is the latest in a series of insurance exits from Clyde & Co over recent months.
2 minute read

Texas Lawyer

District Attorney Alleges USAA, Progressive Cheat Insureds on Auto Claims

"California residents and small businesses try their best to follow the law. They expect their insurance companies and affiliates to do the same," Alameda County District Attorney Pamela Price said.
5 minute read

New Jersey Law Journal

New Jersey Supreme Court Finds E-Scooter Riders Are Not 'Pedestrians,' Not Entitled to PIP Benefits

"Expanding the definition of 'pedestrian' to include LSES operators would advance the medical coverage goal but undermine the goal of curbing the rise of insurance costs," Justice Lee A. Solomon said. "The legislature may certainly choose to expand the availability of PIP coverage to LSES operators, as they did with motorcycles, but that policy decision and its insurance cost implications, if any, is properly for the legislature, not the court."
5 minute read

Daily Report Online

To Subrogate or Not to Subrogate?—That is the Question for Workers' Compensation Employers and Insurers

An employee injured in an accident arising out of and in the course of his employment through the negligence of a third-party has a potential claim against that party which is not impacted by his or her workers' compensation claim. The employer and insurer have a potential subrogation right against the proceeds from the third-party claim.
9 minute read

New York Law Journal

Secondary Evidence of Missing Insurance Policies for Child Victims and Adult Survivors Act Claims

The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
10 minute read

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