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Texas Lawyer

Mistaken About Policy Limit, Law Firm Now Stuck With $100K Settlement

The insurance company allegedly withheld policy documentation showing the death-claim limit was $500,000. The initial proposal to which Tessmer Law and its clients are bound is $100,000.
4 minute read

New Jersey Law Journal

'Trap for Unguarded Consumer': Appellate Ruling Finds UIM Step-Down Provision Was Unclear

The ruling, which denied Wausau Underwriters Insurance Co.'s motion for reconsideration, waded into a novel question of insurance law regarding coverage for a vehicle with an alternate garaging address than what's listed on the policy.
5 minute read

The Legal Intelligencer

Prophylactic Affirmative Defenses: Doing More Harm Than Good?

While merely striking affirmative defenses that should not have been in the action in the first place may not be a sufficient deterrent to curb the filing of frivolous defenses, where the assertion of such baseless prophylactic defenses occurs in first party insurance litigation, such as uninsured (UM) or underinsured (UIM) motorist claims, it may result in much harsher repercussions.
7 minute read

The Legal Intelligencer

'How Can It Be Enough?': Thousands Have Agreed to the Risperdal Settlement. A Few Holdouts Remain

According to attorneys leading the litigation, more than 5,600 have agreed to the settlement, which is about 94% of the potential 6,000 claims for the bulk settlement. The lawyers said 99.9% of claimants have chosen to accept their settlement offers.
12 minute read

The Legal Intelligencer

A Closer Look at Subrogation and Other Unmentionables

Under the lease, it was reasonable for the tenants to expect that the landlord would look only to the policy the landlord purchased for compensation for the fire loss, which would be covered by the policy.
5 minute read

New Jersey Law Journal

Insurer Seeks Declaration It Has No Duty to Defend Sexual Abuse Suit Against Leonia School Board

This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
3 minute read

Daily Business Review

Insurer Hit With Over 340% Surge of Lawsuits in Florida Federal Courts

Among the lawsuits is a civil RICO action over allegations that the insurer and 10 other carriers have operated as a "cartel."
3 minute read

Daily Report Online

'Love It But Leave It': Lawyers Have Mixed Reviews for 'Compromise' Direct-Action Statute Repeal

"When you get to a point where everybody's a little bit upset, maybe you've finally found a bill that can get past both chambers and get signed by the governor," said Sen. Blake Tillery, R-Vidalia, when he introduced the bill this legislative session.
5 minute read

Delaware Business Court Insider

Superior Court: More Overlap in Case Facts Needed for Insurer to Deny D&O Coverage

Delaware Superior Court Judge Paul R. Wallace granted a California-based biotech company's motion for partial summary judgment.
3 minute read

Daily Report Online

After Bumpy, 100-Year Ride, Ga. Legislature Taps Brakes on Direct-Action Litigation Against Liability Insurers of Motor Carriers 

The Georgia direct-action statutes still provide a narrow exception to the otherwise strident rule that direct actions by a claimant against an allegedly liable insured cannot be maintained until there is a judgment against the insured, and Georgia, therefore, remains in a reported minority of just four states allowing direct actions in any context.
10 minute read

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