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Daily Report Online

'A Win for All Sides'? Ga. Senator Hails New Tort Reform Bill 'Compromise'

"I wish I could tell you it's a bill that, when I bring it up here, everybody's gonna sing 'Kumbaya' and tell you that it's great. They're not," Georgia Sen. Blake Tillery, R-Vidalia, said.
3 minute read

Texas Lawyer

Bad News for Lawyers Who Represent Homeowners Against Insurers

George B. Murr of Murr Law said in his post-oral argument brief the Safeco's counsel's argument bars the insured's causes of action, but that is not how jurisprudence in Texas works.
4 minute read

Law.com

US Specialty Insurance Seeks Declaratory Relief in Coverage Dispute With Chicago Firm

This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
3 minute read

Daily Report Online

Georgia Sues Biden Administration to Extend Medicaid Program With Work Requirement

The suit seeks a court order forcing the U.S. Centers for Medicare and Medicaid Services to extend the Pathways program until Sept. 30, 2028. A spokesperson for CMS said in an email the agency does not comment on pending litigation.
3 minute read

Daily Business Review

London-Based Insurance Law Firm Kennedys Opens 10th US Office in Fort Lauderdale

"Incidents of marine and yacht and cargo issues have continued to rise," said managing partner Kristen Perkins, who is relocating from Miami with two associates and one special counsel.
3 minute read

New York Law Journal

Insured Capacity and Outside Capacity: Status Matters

D&O liability insurance policies provide coverage for claims arising out of wrongful acts committed by directors or officers of the insured entity—that is their insured capacity. By contrast, in policies where insured capacity is addressed by exclusion, the outside capacity exclusion will bar coverage for loss arising from claims relating to an insured person's conduct in any capacity other than as a director or officer of the insured entity.
8 minute read

New Jersey Law Journal

NJ Supreme Court Goes Beyond Question of 'Direct Physical Loss' in COVID-19 Insurance Claim

"Although it is not strictly necessary given our conclusion that Ocean Walk did not allege facts to establish a 'direct physical loss' of or 'direct physical damage' to its property, we nonetheless briefly address Ocean Walk's argument that the contamination exclusion in the policies issued by AGLIC, AIG, and IFCC does not apply here," Justice Anne M. Patterson wrote.
5 minute read

Law.com

Virginia Court Sides With Injured Worker, Ruling Temporary Total Disability Claim Was Timely Filed

"Applying the statute here, the Commission may review the wages the Department of Corrections paid to Walker following her ankle injury, and 'may make an award ending, diminishing or increasing [this] compensation previously awarded' because those wages are a statutory award of compensation," the court concluded, holding that the commission erred in finding Walker's claim for temporary total disability benefits was barred by the statute of limitations under Code Section 65.2-601.
6 minute read

New York Law Journal

Proximate Cause: Plaintiff's Employer and Its Post-'Burlington' Role in the Duty To Defend Analysis

In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the decision.
8 minute read

The Legal Intelligencer

Common Law Bad Faith: A Neglected Remedy

Despite protestations from the insurance industry to the contrary, common law bad faith damages can be pursued in the lawsuit seeking extra-contractual damages from insurers under policies of insurance.
9 minute read

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