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New York Law Journal

D&O Liability Insurance: What Will Impact Be of a Kinder, Gentler Corporation?

The transition in progress from the "profits only" approach of Friedman to an ethos embedded in the legislation proposed by Senator Warren and the public statements of CEO's of public companies will alter corporate behavior and so, inevitably, the D&O liability and insurance landscape.
9 minute read

New York Law Journal

Using Unfair Claim Settlement Statutes To Prove Bad Faith

While traditional sources of proof such as legal precedent, expert testimony, an insurers' past acts, industry customs, and legal consensuses (i.e., the Restatement), should certainly be considered, unfair claim settlement statutes likewise should not be overlooked.
5 minute read

New York Law Journal

Investments by Insurers: How They're Regulated and Why It Matters

Understanding the background and interplay of the insurance laws that govern investments by carriers can provide some context to these developments and also shed light on a key aspect of solvency regulation of this critical U.S. industry.
8 minute read

International Edition

Five Insurance Lawyers Defect from Clyde & Co to Local Australian Firm

The team is led by Tim Searle, who has lived and practised in both Australia and the U.K. and has managed claims across six continents, including in the U.S.
2 minute read

The Legal Intelligencer

Bad-Faith Case Against State Farm Revived

"As for the application of res judicata, we agree with appellant that the trial court erred," the panel said.
3 minute read

New York Law Journal

Attorney Fees Under ERISA §502(G)(1): An Exception to the American Rule

ERISA §502(g)(1) vests courts with discretion to award attorney fees and costs in an action brought by a plan participant, beneficiary or fiduciary. This article examines the standards courts apply when assessing motions for these discretionary awards.
11 minute read

The Legal Intelligencer

No Fiduciary Owed to Plaintiff Under Insurance Policy: Defense

On July 30, 2012, plaintiff Jeremy Smeltz, a man in his 20s, was motorcycling in Marshall Township. A motorist turned left in front of him at an intersection, and Smeltz struck the vehicle and fell off his motorcycle. He claimed foot injuries.
4 minute read

The Legal Intelligencer

Pa. Rulings Favoring Insureds in UM/UIM Coverage Disputes Are 'Stacking' Up

Disputes over the extent of consumers' ability to stack underinsured and uninsured motorist insurance coverage keep popping up in Pennsylvania—and courts keep siding with the insureds.
8 minute read

International Edition

Clyde & Co's US Breakaway Group Launches 35-Strong Firm Across Three Offices

The new law firm will specialise in providing insurance and reinsurance legal advice.
2 minute read

New York Law Journal

Flagging Insurance Law Firm D'Amato & Lynch Accused of $1M Fraud

An insurance company's lawsuit against the firm says a settlement check was taken at a time when D'Amato & Lynch was experiencing "financial difficulties."
3 minute read

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