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New Jersey Law Journal

Supreme Court Says Condo Association May Pursue Insurer in Construction Defect Case, But Must Arbitrate

"Were we to concur with the Appellate Division that ... the arbitration clause is somehow unenforceable in Crystal Point's action, we would contravene the Direct Action Statute's plain terms," Justice Anne M. Patterson wrote.
4 minute read

International Edition

Insurer Ended Cover for Law Firms for Litigating Against Insurance Industry

The move sent 'shockwaves' as it could mean insurers try to avoid lawsuits by ending professional indemnity cover for law firms advising claimants.
3 minute read

Law.com

State Appellate Court Finds Company Met 'ABC Test' in Dispute Over Home Inspectors' Eligibility for Unemployment Benefits

"To the extent that the board considered factors that did focus on control and direction in connection with the inspectors' performance of services, that analysis was flawed," Associate Justice Sabita Singh wrote on behalf of the panel. "The board cited Tiger requirements that are also regulatory requirements. For example, the board noted that inspectors had to complete a written report following each inspection, but this report is mandated by regulation. See 266 Code Mass. Reg. § 6.03 (2008). That Tiger required the inspectors to meet regulatory standards does not show Tiger's direction and control."
5 minute read

Daily Business Review

State Seeks to Scuttle Challenge to Insurance Law

Roofing claims have been a key issue as lawmakers and other state leaders have grappled with widespread problems in the property-insurance system that have included insurers dropping customers and seeking large rate increases.
5 minute read

Legaltech News

Cyber Insurance is Experiencing Future Shock

Part of the sting of "Future Shock" is that the accelerated pace of change is not anticipated. In a world where most insureds rely on computers and networks to conduct day-to-day personal and commercial business, non-cyber adjusters must expect that they will face claims involving the use or loss of computer data and equipment.
11 minute read

Law.com

Would You Take on a Client Who Previously Sued Your Law Firm for Malpractice?

There was a resounding "no" to the hypothetical question posed July 7 to attorneys on Reddit by one user who said they're currently facing the dilemma in real life.
4 minute read

The American Lawyer

Carriers Push Insurance Defense Lawyers Toward Greater Use of Alt Fees, Staffing

Due to their seemingly insatiable appetite for legal services, insurance carriers have developed particularly sophisticated uses of data for reducing outside legal spending.
5 minute read

Daily Business Review

Insurance Litigation Spikes 47%, Creating Demand for In-House and Outside Counsel

A new litigation report is a warning shot to insurers that they must increase their resources—both in-house and outside counsel—in at least two segments of the industry.
3 minute read

Daily Business Review

Insurance Woes: Fla. Legislators Address Crisis but Court May Stall Progress

Florida legislators stepped up to address the homeowners' insurance crisis by cranking out an insurance reform bill at the last-minute special session called by the governor. But despite the progress, the court may declare the law void, because of a constitutional challenge filed by a contractors group.
5 minute read

New Jersey Law Journal

NJ Appeals Court: Pandemic Shutdowns Don't Excuse Construction Company From Settlement Obligation

Finding that pandemic shutdowns did not create circumstances warranting application of the "doctrine of impossibility," the Appellate Division has refused to let a construction company out of a settlement agreement reached with its insurer over unpaid workers' compensation premiums as a result of misclassifying workers and understating payroll.
4 minute read

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