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New York Law Journal

The Impairment of Business Interruption Insurance

The December 2022 decision of 'New England Systems, Inc. v. Citizens Insurance Company of America' used the term "impairment" in the business interruption coverage section of a cyber-risk policy, to potentially broaden the scope of business interruption coverage well beyond its prior interpretations.
6 minute read

Daily Business Review

As Latest Insurer-Friendly Tort Reform Measure Approaches DeSantis's Desk, Lawyers Swamp Courts with Lawsuits

"You're going to find these injured Floridians unable to find an attorney that's going to be willing to try and take on a case for them," personal injury lawyer George Palaidis said of the measure that's pending before the Florida Senate.
6 minute read

Texas Lawyer

Unusual Move: Court Grants Emergency Stop to Insurance Case Hinged on Pre-Suit Issue

"The trial court below upended that settled decisional law by refusing to abate the litigation until (plaintiff) submits to an (examination under oath)," said the insurance carriers as relators.
5 minute read

Law.com

Economic Loss Rule Bars Negligence Claim for Willful and Wanton Conduct, Says State Appeals Court

In a published opinion, the Colorado Court of Appeals held that a district court erred in its denial of a defendant's motion for a directed verdict based on the economic loss rule and stated that the lower court incorrectly relied on two cases—neither of which preclude application of the economic loss rule to bar common law negligence claims involving willful and wanton conduct.
6 minute read

The Legal Intelligencer

Potential for a Structured Settlement Industry Shake-Up: The 'Cordero' Appeal

There is an entire industry that has existed in our country for many years where personal injury victims and wrongful death survivors who settled tort cases by way of "structured" settlement (as opposed to an all-at-once lump sum) have sold or assigned their future structured settlement payment rights to third-party purchasers, at high interest rates, for what can end up as mere pennies on the dollar.
10 minute read

Law.com

Citing 'Ample State and Federal Authority,' Federal Judge Declines to Certify COVID-19 Business Interruption Question to State High Court

A federal judge in Virginia court joined the ranks of other federal courts around the country on the issue of COVID-19 business interruption coverage, refusing to reconsider her previous ruling that the coronavirus did not cause "physical loss or damage" and declining to certify the question to the Virginia Supreme Court.
4 minute read

Texas Lawyer

Defining 'Theft': Tax Firm Gets Reversal on Insurance Coverage Suit After $11M Loss

The $346,612 paid to Weaver was an unlawful taking by Weaver to the deprivation of Ryan and, thus, there is coverage under the Employee Theft provision of the policy, the Fifth District Court of Appeals found.
4 minute read

New Jersey Law Journal

All Eyes Are on This Business-Interruption Suit That Put Other Litigation on Hold

"The way the courts are deciding these cases lately, they're just saying all these other courts have said there's no cause of action, so, clearly, there's no cause of action. I hope the Supreme Court doesn't do that," said insurance attorney Eugene Killian Jr.
5 minute read

Law.com

W.Va. High Court: Employer's Insurance Policy Doesn't Cover Non-Employee Killed in Pa. Mining Accident

"We therefore conclude that the circuit court erred in finding the ELE inapplicable to Neice's action against Dana Mining. Under the language of the applicable ELE endorsement, we find that Neice's claim arises out of Mr. Neice's employment with 'any insured,' i.e., Mepco LLC, and the policy therefore excludes coverage for Neice's action against Dana Mining," Justice William R. Wooton wrote on behalf of the West Virginia Supreme Court.
5 minute read

Daily Business Review

Insurance Curtain Raiser: Florida High Court to Hear Arguments in Case With 'Substantial Uncertainty'

"When it comes to insurance issues that are regulated by statutes, we have to operate pursuant to the plain, unambiguous language of the statute," Chad A. Barr, principal attorney at Chad Barr Law, said about the issue before the Florida Supreme Court.
3 minute read

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