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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

Daily Business Review

Courts Across the Country Say Physical Damages Are Required to Trigger Business Interruption Claims

Much has changed in the last two years. The proliferation of vaccines and new, life-saving treatments has allowed the world to emerge from the pandemic. In addition, courts are now overwhelmingly finding that COVID-19 business interruption claims are not covered, reasoning that "direct physical loss" means something more than economic loss.
5 minute read

New York Law Journal

Professional Liability Insurance Policy Covers Criminal Defense of Indicted 'Lottery Lawyer,' Judge Rules

Jason Kurland, a former partner at Rivkin Radler who represented the winners of lottery jackpots, had a professional liability insurance policy through Fireman's Fund Insurance Co.
3 minute read

International Edition

Clyde & Co, BLM Merger Goes Live

The two firms voted through the merger in late March, with the majority of BLM's lawyers joining Clyde & Co's casualty insurance practice.
3 minute read

Law.com

Law.com Litigation Trendspotter: Hope Dims—but Persists—for Plaintiffs in COVID-19 Business Interruption Cases

In recent weeks, insurance companies have racked up even more wins in business interruption cases. But earlier this month, a state appellate court broke rank, providing a potential avenue to victory for some policyholders even as so many others have proven to be dead ends.
5 minute read

New York Law Journal

The Anti-Kickback Statute's Role in Health Insurance Fraud Cases

The AKS and FCA are two of the most important federal fraud and abuse laws applicable in the health care context and, when acting in tandem, their power is multiplied.
10 minute read

New York Law Journal

Bad Faith Claims Against Insurers

It is readily apparent that proving bad faith against an insurer for failure to settle within the policy limits is very difficult, especially in medical malpractice cases where there are usually opposing experts for each side raising questions about the defendant's liability.
14 minute read

The Legal Intelligencer

Pa. Supreme Court Eyes Invalidating Regular Use Exclusion in UM/UIM Auto Policies

In an October ruling, a three-judge Superior Court panel found that the regular use exclusion violated the clear language of the MVFLR.
4 minute read

Daily Business Review

Review Commercial Contracts and Insurance Policies Ahead of Hurricane Season

Having a clear understanding of each party's obligations and ensuring compliance before the storm is the best way to try to avoid the potential legal and monetary pitfalls from a storm.
5 minute read

Daily Business Review

Citizens Insurance Faces Hefty Legal Costs

Citizens has seen massive growth in its number of policies during the past two years, which results in needing to defend more lawsuits.
3 minute read

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