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Texas Lawyer

In Texas Appellate Court, Physicians' Loss on Out-of-Network Rates Erases $5.5M Attorney Fees

The physicians admitted a meeting of the minds is needed to form a binding contract, but claimed a specific dollar amount is not required for a contract to be enforceable.
4 minute read

The American Lawyer

Locke Lord Picks Up Sidley Insurance Lawyer, Thompson Coburn Cybersecurity Practice Leader

Am Law 100 firm Locke Lord continues to expand in Chicago even as the firm is on track to merge with Troutman Pepper Hamilton Sanders by year-end.
3 minute read

New Jersey Law Journal

Should E-Bikes and E-Scooters Be Regulated in New Jersey?

"The rapid rise of these vehicles has, to date, outpaced the development of a full regulatory regime in New Jersey," writes Nicole Marie Lombardi.
9 minute read

Daily Business Review

Cheap Lumber, Stronger Hurricanes—Perfect Storm for the Strained Florida Insurance Market

These twin terrors of insurance hikes and ever-stronger storms are making Florida a rather pricey paradise. And we haven't even gotten to the cheap materials that far too many contractors are using to build new homes. Florida builders are continuing to construct new homes from wood, all but begging the next named storm to cause massive problems.
4 minute read

Law.com

Massachusetts High Court Resolves Definition of 'Surface Waters' in Insurance Dispute Over Flooding Damage

"In sum, we conclude that it is ambiguous whether rainwater accumulation on roofs constitutes 'surface waters' within the meaning of the policies," Associate Justice Scott L. Kafker wrote for the Massachusetts Supreme Judicial Court. "Our conclusion that this language is ambiguous is confirmed by the inconsistency in the case law, which flows naturally from this ambiguity. As we must read any such ambiguity in the policies in favor of the policy holder, we do so in the instant case."
5 minute read

The Legal Intelligencer

Appellate Guidance Needed on Out-of-State Medical Expenses in Motor Vehicle Accident Cases

While there is a lack of appellate guidance on these issues, a few notable decisions have been handed down by Pennsylvania trial court judges across the commonwealth.
10 minute read

New York Law Journal

Don't Allow Insurers to Weaken the Standard Applicable to the 'Expected or Intended' Coverage Defense

"In determining whether an organization's potential liability for an employee's sexual misconduct is covered, the relevant question is whether the harm was expected or intended from the organization's standpoint," write Joshua L. Blosveren and Bradley J. Nash.
11 minute read

Law.com

Is This Allstate Subsidiary Shortchanging Policyholders? New Class Action Filed

"[The] plaintiff brings this lawsuit individually and on behalf of all other similarly situated insureds who suffered damages due to Safe Auto's refusal to pay [actual cash value] sales tax and regulatory fees for total-loss vehicles," the complaint said.
2 minute read

Daily Business Review

Marshall Dennehey Hires Casualty Team From Quintairos Prieto Amid Accelerated Litigation Timelines

Shareholder Raychel Garcia said her new firm is "really ready to rock and roll with the huge caseloads that came from tort reform and now the shorter timelines that we have to get these cases ready for trial."
3 minute read

The Legal Intelligencer

A Day Late and an Exclusion Short: Consequences of Drafting an Inadequate Reservation of Rights Letter

While usually seen as a standard, boilerplate letter, attorneys must be cognizant of the obligations imposed on them across the states to ensure that a Reservation of Rights letter complies with each state's specific requirements on the timing of delivery of the letter and the content of the letter to preserve its defenses and avoid prejudicing the insured.
8 minute read

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