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Texas Lawyer

Calculating Attorney Fees: Court Favors Insurer in Dispute Over Legal Costs

The appellate court recognized that an insurance carrier is entitled to recover all benefits paid to an injured worker out of the "first money" recovered from a liable third party.
3 minute read

Law.com

Corporate Bankruptcies and the Restructuring Solution

Recent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.
5 minute read

Law.com

Incontestability Provision Bars NY Life Insurance from Seeking Declaratory Judgment for Lack of Capacity

The nine-judge panel unanimously determined that the incontestability clause does not bar an insurer obtaining a declaratory judgment if the policy was obtained by fraud or if the beneficiary lacks an insurable interest in the life of the insured.
4 minute read

The Legal Intelligencer

'Wild West of Insurance': Attorneys Battle Over 'Regular Use' Exclusion in UM/UIM Policies

The high court heard oral arguments Tuesday over whether the Pennsylvania's Motor Vehicle Financial Responsibility Law prohibits UM/UIM policies from excluding coverage for vehicles a policyholder regularly uses but does not own or insure.
3 minute read

New York Law Journal

Pre-Denial Work Product Limitation Applies to Insurers and Not Policyholders

While Insurers routinely contend that this prohibition applies equally to policyholders in discovery disputes, a recent decision by Judge Jesse Furman in the Southern District of New York clarifies that this limitation on the scope of work product "applies to insurers ... and not to insureds."
6 minute read

New York Law Journal

Scrutiny of the Use of AI by Life Insurers Is Increasing

While the topic is seemingly ubiquitous now, life insurance regulators have been grappling for several years with the potential risks and benefits of insurers using AI, and the large external data sources utilized by AI, in underwriting and other insurance practices.
9 minute read

New York Law Journal

Anti-Subrogation Rule When Pursuing Workers' Comp 1B Coverage in Construction Accidents

When determining which insurer will fund a settlement or verdict in a construction related incident involving a "grave injury" governed by the New York Labor Law, commercial general liability (CGL) insurers must confront the rule of anti-subrogation before Workers' Compensation 1B unlimited coverage can be triggered. This is a fertile ground for disputes in "grave injury" defense litigation.
10 minute read

New York Law Journal

A Defective Precedent for 'Defective Work' in Insurance Coverage

Litigation following a construction project is as common as a coffee shop in Manhattan. The availability of insurance coverage can be pivotal to the defense and resolution of such lawsuits. However, insurance coverage for construction defects litigation in New York has long been clouded by misunderstandings surrounding the First Department's 1994 decision in George A. Fuller v. U.S. Fidelity & Guaranty.
8 minute read

New York Law Journal

Surfside: The Historic Settlement and the Legislative Response

The state's legislative response presents an interesting case study on government efforts to curb the impact of bad faith laws as a result of lessons learned from this tragedy.
7 minute read

Daily Business Review

Cole, Scott &Kissane Eye Construction Growth to Offset Anticipated Insurance Litigation Lull

The firm's lawyers pushed for tort reforms that help shield insurance companies from coverage disputes. Now with the volume of cases expected to decline, leaders are looking for other areas for growth.
4 minute read

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