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Daily Business Review

Fla. Supreme Court Poised to Decide Burden Allocation of a Late-Reporting Defense

The import of a viable late-reporting defense cannot be understated—and is available to carriers even if coverage is initially extended for a claimed loss.
6 minute read

The Legal Intelligencer

Federal Court Predicts How Pa. Supreme Court Will Address Unanswered Question About Regular Use Exclusion

Taking into account recent decisions from the Pennsylvania Supreme Court, the ruling comes to an opposite conclusion from what the same federal court predicted in a similar case two years ago.
4 minute read

Law.com

Illinois Appellate Court Affirms $176K Judgment in Favor Insured Whose Diamond Ring Replaced With Synthetic One

"We are pleased that the Appellate Court applied the innocent insured doctrine to the misappropriation exclusion in this hard-fought litigation. We hope that this ruling will protect innocent insureds, like our client, in the future," said Dana's attorneys, Joseph Bosco and Costa Diamond of LaRose & Bosco, in Oak Park, Illinois.
4 minute read

Daily Business Review

Reed Smith for the Win as AIG Loses in Federal Court

The jury found AIG mishandled part of the claims process for damage to the family's $95 million oceanfront mansion near Miami.
4 minute read

Daily Business Review

Florida Defense Firms Adapt as Insurers Exit and Tort Reforms Limit Claims

Insurance work has shrunk as a consequence of the state's insurance crisis and recent legislative changes. But some firms are still hiring, betting that top lawyers will attract lucrative matters.
6 minute read

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

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