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The Legal Intelligencer

Special Section: Insurance Law 2023

In The Legal's Insurance Law supplement, read about emotional distress and whether it's covered as a bodily injury, federal jurisdiction over insurance…
2 minute read

Texas Lawyer

'I'm Not So Sure': Judge Ho Splits With Majority Over $1.4M Strip Club Feud

"Do we apply the coverage provision? Or do we enforce the exclusion? It's impossible to give effect to both provisions. So how is the reader supposed to know which one to apply, and which one to ignore?" Fifth Circuit Judge James Ho asked.
4 minute read

The Legal Intelligencer

Marshalling Insurance Resources to Counter False Claims Act Defense Costs and Liability

When confronted with an FCA investigation or lawsuit, corporate policyholders should review the full suite of their liability insurance policies, including directors and officers (D&O) liability policies, errors and omissions (E&O) policies, commercial general liability (CGL) policies, and employment practices liability (EPL) policies).
8 minute read

The Legal Intelligencer

Is Emotional Distress Covered as a Bodily Injury?

Awaiting argument at the Pennsylvania Supreme Court, Kramer v. Nationwide's outcome will be of great interest to attorneys across Pennsylvania, as the outcome could shed light on the question of whether emotional distress is covered as bodily injury under automobile insurance policies and the Motor Vehicle Financial Responsibility Law (MVFRL).
9 minute read

The Legal Intelligencer

The Movement Toward Increased Federal Jurisdiction Over Insurance Declaratory Judgment Actions

In the U.S. Court of Appeals for the Third Circuit, district courts exercising their discretion under the DJA are guided by the landmark opinion in Reifer v. Westport Insurance, 751 F.3d 129 (3d Cir. 2014). Reifer sets forth the factors a district court must address when deciding whether to abstain from hearing an insurance coverage declaratory judgment action.
8 minute read

The Legal Intelligencer

Creative Noninsureds Seek New Ways to Recover Benefits: How One Court Addressed This Trend

For years, creative noninsured entities and individuals have concocted innovative ways to recover payment under homeowners policies to which they are not a party. Many times, the noninsureds have relied on obtaining assignment of benefits (AOBs) from the insureds to then recover payment.
5 minute read

New York Law Journal

Court Resolves Issues of Insurance Law and Cases Involving Insurers

During this past term, the Court of Appeals decided a number of important insurance law questions and cases involving insurance carriers that established precedents for insurers and for other parties. The opinions of the court in the four cases discussed here were written by different judges.
12 minute read

New York Law Journal

Multiple EUO No-Shows: Timely Denial in Recent Case

An insurer may require a no-fault claimant (either the individual injured person or his/her assignee medical provider) to appear for an examination under oath (EUO) 11 NYCRR 65-3.5. If a claimant fails to appear for two scheduled EUOs, the insurer may deny the claim, provided it is raised in a timely denial of claim form.
12 minute read

Law.com

World, Interrupted: Tracking the Trajectory of COVID-19 Business Interruption Litigation

We've collected all of our coverage, analysis and expert commentary related to COVID-19 business interruption cases nationwide (and, in a few instances, worldwide) and will continue to update this page with new developments.
36 minute read

Daily Business Review

$4.7M Broward Settlement: But Plaintiff Lawyers Say They Face New Hurdles

"The law used to guard the henhouse. Now the fox does," said attorney Fan Li of Kelley | Uustal.
5 minute read

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