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Daily Business Review

Game Changer? Court Questions Insurer's 'Pervasive' Litigation Tactic

"The trial court did not understand the legal aspect of the arguments and the Fourth DCA was able to provide guidance to the entire state on that issue," said Chad A. Barr of Chad Barr Law.
4 minute read

Pro Mid Market

Amid Civil Jury Trial Decline, Wheeler Trigg O'Donnell Works with Clients to Give Juniors First-Chair Experience

"It is not always enough to be among the best civil trial lawyers—clients want lawyers who have handled the precise type of claim," said Wheeler Trigg co-managing partners Carolyn Fairless and Michael Williams.
6 minute read

New York Law Journal

2nd Circuit Certifies Question on Insurance Refund to New York High Court

The U.S. Court of Appeals for the Second Circuit on Monday asked New York's highest court to decide whether a planned payment into an insurance policy…
3 minute read

Legaltech News

As War Rages on, Cyber Insurers' 'War Exclusion Clauses' Face Reckoning

As more state actors engage in cyberwarfare, insurance companies and private businesses are struggling to find common ground on what the "War Exclusion Clause" means for them, increasing coverage burdens and paving the way for litigation.
4 minute read

New York Law Journal

Delaware Ruling Underscores Significance of Warranty Statements

The clear lesson from this case is that, in connection with a warranty statement, it is important to carefully evaluate known information prior to execution—particularly with respect to government inquiries and proceedings—and to carefully consider the impact of disclosing or not disclosing potentially significant matters.
7 minute read

Law.com

How I Made It to Leadership: 'Wake Up Every Day and Be Excited, Interested and Happy to Do What You Do,' Says Ann Park of Foley Mansfield

"As the first Asian American president of LACBA, I'm proud to break another barrier and hopefully serve as an inspiration to our region's diverse attorneys as they look for leadership opportunities."
11 minute read

Daily Business Review

11th Circ.: Vague Language of 'Quirky' Policy Means Insurer Must Defend Hospital in Negligence Lawsuit

The Court of Appeals for the Eleventh Circuit ruled Friday that Evanston Insurance Co. must defend its client, Westchester General Hospital, Inc. in an ongoing litigation against a third party.
4 minute read

New Jersey Law Journal

'This Case Was Not Retried as We Anticipated': Appellate Division Issues Reversal Over Disputed Facts in Homeowners Insurance Claim

"There is obviously a material, factual dispute over whether Pokhan provided all of the information, including the information State Farm claims is false, on the insurance application, precluding summary judgment on State Farm's claim of fraud in Pokhan's procurement of the policy," Appellate Division Judge Allison E. Accurso wrote. "The application is not signed, and there is no dispute that State Farm never provided Pokhan—prior to the fire loss—a copy to permit her to confirm or deny the information recorded on the form by an individual State Farm has never produced and claims it cannot locate."
6 minute read

New York Law Journal

Are Legal Malpractice Recoveries Subject to Workers' Compensation Liens?

While some states have given legal malpractice attorneys the green light to disregard workers' compensation liens, New York is not one of them.
7 minute read

Daily Business Review

Eleventh Circuit Rescinds Prior Restriction on Excess Judgments for Bad Faith Claims

In McNamara, the court held that a final judgment that exceeds all available liability policy limits, whether such judgment results from a jury verdict or a consensual settlement, constitutes an "excess judgment" that can be used to satisfy the causation requirement of an insurer bad faith claim in Florida.
5 minute read

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