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Daily Business Review

Decision: Underwriting Discovery Is Not Categorically Prohibited in Insurance Coverage Cases

Discovery in insurance coverage actions in Florida is often hotly litigated. Despite the prevalence of discovery disputes, case law has often failed to provide much uniform guidance to practitioners around the state.
6 minute read

Daily Business Review

Engineering Firm Must Face Insurers' Suit Seeking to Escape Coverage for Surfside Collapse

A structural engineering firm will have to face its insurers' claims that they have no obligation to defend the firm from lawsuits filed due to the collapse of the Champlain Towers South Condominium in Surfside, a federal judge ruled Feb. 3.
5 minute read

The Legal Intelligencer

State Insurance Regulation of Value-Based Care—Considerations for Health Lawyers

The goal of most VBC arrangements is to transfer some financial risk for the cost of health care from the plan sponsor to the health care provider.
9 minute read

Daily Business Review

New Amendments to the Southern District of Florida Local Rules

A few amendments to the Local Rules of the Southern District of Florida became effective on Dec. 1, 2021. For those keeping track—and that should include anyone who practices in federal court in South Florida—the set of amendments from this past cycle are less extensive than amendments from prior, recent cycles.
3 minute read

New York Law Journal

Court of Appeals Reverses First Department, Holding Bear Stearns' Disgorgement Payments Are Not Excluded From Coverage

The dispute between Bear Stearns and its insurers over coverage for $140 million in disgorgement paid in connection with an SEC settlement has wound its way up and down the New York state courts. In their Corporate Insurance Law column, Howard Epstein and Theodore Keyes discuss 'J.P. Morgan Securities v. Vigilant Insurance Company,' where the Court of Appeals weighed in for the second time and again reversed in favor of Bear Stearns.
8 minute read

Texas Lawyer

Insurance Policy Canceled Before the Wreck? No problem. Trucking Company's Insurance Carrier Still Has to Pay

All attorneys engaged in a personal injury practice should read one or the more of the detailed presentations about the MCS-90 endorsement.
4 minute read

The Legal Intelligencer

Pa. House to Eye Bill Creating Damages Cap in Lawsuits Against Child Welfare Agencies

Attorneys at the hearing spoke out against a second bill proposing a damages cap in cases against youth social services providers, saying the cap would compromise the rights of abused children.
4 minute read

New Jersey Law Journal

Geico Lodges RICO Suit Alleging Fraudulent Charges

This suit was surfaced by Law.com Radar. Read the document here.
1 minute read

Connecticut Law Tribune

Coronavirus Causes Property Damage? That's What a Hospital Argued in Fight With Insurer

The plaintiffs claimed property damage because the virus is "spread through droplets of different sizes, which can be deposited on surfaces or objects," which they said "physically altered and damaged" their facilities.
4 minute read

National Law Journal

In Wake of Decisions Finding a Right to Sue, Actions Against Insurers Over COVID Test Coverage Set to Ramp Up

Congress' intent in passing the acts implied a private right of action to enforce the reimbursement requirement, a Texas federal judge ruled.
4 minute read

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