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The Legal Intelligencer

The 'Selective Way' Decision: A Catalyst For Increased Coverage Litigation?

Insurance litigants in Pennsylvania—insurers and policyholders alike—have traditionally approached the determination of an insurer's duty to indemnify an insured with respect to a third party action with the understanding that the question of indemnity may be adjudicated via a declaratory judgment action subsequent to an adverse judgment against the insured.
15 minute read

The Legal Intelligencer

Navigating Through the 'Additional Insured' Endorsement

Allocating risk of loss is a vital component in a contract. Risk allocation clauses can be found in a multitude of contracts including snow removal, construction, landlord/tenant, transportation of goods or people, cleaning, maintenance, licensing agreements, product sales/distribution and equipment leases. The standard reaction is to draft an indemnification clause.
16 minute read

New York Law Journal

Columbia Casualty Co. v. Neighborhood Risk Management Corp.

By | August 26, 2016
'Buy Out' Provision Requires Posted Reserves Pay Outstanding Claims, Not Be Returned
3 minute read

The Legal Intelligencer

CGL Policy Coverage of IP Claims Under 'Advertising Injury'

A company can expect to accumulate significant costs in defending against claims for intellectual property infringement. Plaintiffs claiming violations are often willing to expend significant resources enforcing their rights given the central importance of intellectual property assets—whether patents, trademarks, or copyrights—to many companies.
14 minute read

New York Law Journal

Rossi v. Kadi

By | August 25, 2016
Plaintiff Raised Triable Issues if He Sustained Serious Injury Resulting From Car Accident
3 minute read

Corporate Counsel

How to Get More Out of Your Insurer's Defense

Issues that may create unexpected financial exposure for policyholders, and ways to get the most out of the defense costs coverage your insurance provides.
11 minute read

New York Law Journal

Defining 'Occurrence' in Insurance Can Have Major Impact in Recovery

In insurance, courts may treat the meaning of "occurrence" differently depending on whether it is an occurrence in a first-party property damage claim or in a third-party liability claim. Jason L. Shaw examines two cases since 2015 to show how different interpretations of "occurrence" can lead to very different consequences for policyholders.
21 minute read

New York Law Journal

Matter of Liberty Mutual Ins. Co. v. Iphael

By | August 22, 2016
Insurer Granted Stay of Uninsured Motorist Arbitration as Other Vehicle Had Coverage
3 minute read

The Legal Intelligencer

Roldan v. Progressive Ins., PICS Case No. 16-1006 (C.P. Philadelphia June 20, 2016) Fox, J. (6 pages).

By | August 19, 2016
Appeal of an order that was omitted on the docket appeared to involve an appeal of a separate issue. After the court issued a clarifying order that vacated the prior ones, for the sake of eliminating confusion, it was clear that the tort actions remained consolidated, and the underinsured motorist (UIM) action under appeal would be transferred to a different venue pursuant to the forum selection language of the insurance policy. The court recommended its decision be affirmed.
5 minute read

The Recorder

Court Gives Plaintiffs New Ammo in Bad-Faith Cases

Mercury Casualty, which abandoned a $30K settlement offer, is now on the hook for millions in a decision that makes it harder for insurance firms to defend bad-faith claims.
7 minute read

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