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New York Law Journal

'Keyspan', 'Viking Pump' Throw N.Y. Allocation Law Into State of Confusion

Paul E. Breene and Ann V. Kramer of Reed Smith write: After a groundbreaking pro-policyholder insurance allocation decision by the New York Court of Appeals in May, a September 1st decision by the First Department has caused another upheaval, not a good one for policyholders.
16 minute read

New York Law Journal

Coverage Counsel and Personal Injury Lawyers: Perhaps Not Such Strange Bedfellows

Jeff Schulman and Mikaela Whitman of Liner LLP write: Personal injury lawyers should be working closely with coverage counsel anytime their client is put in a defensive posture by a tortfeasor's insurer in a declaratory judgment action.
12 minute read

New York Law Journal

Theft and Severe Weather: a Storm for Marine Cargo Insurance

Joshua Gold and Carrie Maylor DiCanio of Anderson Kill write that weather and heists accomplished via technology have added to shipping risk, and that these fast-evolving perils may have serious implications for whether a policyholder and other stakeholders have cargo insurance protection. Some cargo insurance companies are adding cyber exclusions and/or weather exclusions (or warranties) to their policies.
17 minute read

New York Law Journal

Insurer's Claim File in the Crossfire of Discovery

Jonathan Meer of Wilson Elser Moskowitz Edelman & Dicker analyze the tension regarding a New York litigant's right to the free flow of information in the discovery process and the notion that an insurer's claim file is conditionally immune from discovery.
11 minute read

The Legal Intelligencer

Court: Policy Reinstatement Without Lapse Means Insurer Owes Coverage

An insurer must cover a woman who struck and allegedly killed a pedestrian during a period when her policy had been canceled for nonpayment of a premium because the policy was later reinstated without lapse, the Pennsylvania Superior Court ruled.
10 minute read

Connecticut Law Tribune

Conn. to Get $150K in Drug Case Settlement

Connecticut has joined in a $28 million state and federal settlement with a pharmaceutical company over alleged false claims related to the drug Depakote.
4 minute read

Texas Lawyer

Lawyer's Appellate Win Allows Client to Sue Insurance Company Over Policy He Didn't Read

When a plaintiff fails to read an insurance policy, they usually don't have much of a case against an insurer if they're denied coverage. But Keith Gross recently convinced Houston's Fourteenth Court of Appeals that his client could sue an insurance company over a policy he'd never laid eyes on before filing a claim.
7 minute read

Connecticut Law Tribune

Cigna Hit With Racketeering Case Over Prescription Drug Costs

A Connecticut woman is accusing her insurance provider of using co-payments to overcharge for low-cost, generic prescriptions.
6 minute read

Daily Business Review

Ex-Offensive Lineman Files Disability Claim Against NFL

Former NFL offensive lineman Darryl Ashmore filed a federal suit in West Palm Beach against the NFL Player Disability & Neurocognitive Benefit Plan.
6 minute read

New York Law Journal

Unreasonable Delay Results in Tolling of Interest

No-Fault Insurance Law Wrap-Up Columnist David M. Barshay examines key decisions relating to the tolling of interest, where misrepresentation of military status is a precludable defense and policy cancellation.
18 minute read

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