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By Brian Lee | April 10, 2024
Noel Francisco, a former U.S. solicitor general, and partner-in-charge at Jones Day's Washington, D.C. office is set to argue on behalf of the coalition, while New York Assistant Solicitor General Laura Etlinger will argue for the New York State Department of Financial Services' 2017 regulation.
4 minute read
By Emily Saul | April 9, 2024
The decision from Manhattan Supreme Court Judge Andrea Masley, of the Commercial Division, is a win for Bermuda-based insurance holding company James River Group Holdings. James River is represented by Debevoise & Plimpton.
2 minute read
By Alex Anteau | April 4, 2024
"I think that she should definitely be able to recover more than the amount of the judgment," said attorney Buck Rogers.
6 minute read
By James C. Haggerty, Jeffrey Stanton and Dennis Coyne | April 4, 2024
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
By John Bonnie and Steve Rapp | March 20, 2024
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
By Linton Mann III and William T. Russell Jr. | March 19, 2024
The Court of Appeals recently clarified that insurance policies providing coverage for "direct physical loss or damage" to an insured's premises do not apply to business interruption losses sustained as a result of COVID-19 absent some actual, material alteration to those premises or a complete and persistent dispossession from the premises.
5 minute read
By Sandra Jones | March 18, 2024
SNTs are usually for the most vulnerable of structured settlement payees as a trusted means of asset protection. SNTs will receive the periodic payments directly from the annuity issuer, and the SNT trustees have a fiduciary duty to spend the trust situs for the benefit of each beneficiary.
8 minute read
By Dave Poston | March 12, 2024
In recent years, the world's most reputable and fastest-growing insurers are increasingly reviewing crisis communications and public relations recommendations as part of their overall coverage as another means to reduce overall risk—and rely less on legal counsel. Even if they don't have riders, endorsements or specific crisis policies, insurers are still providing guidance and encourage the use of such services.
8 minute read
By Michael A. Sirignano and Sean Gorton | March 7, 2024
The final two defendants in 'United States v. Pierre' pled guilty to charges stemming from their involvement in an insurance fraud scheme. Pending sentencing, the guilty pleas conclude a two-year prosecution that exposed a scheme to hijack New York's no-fault insurance system for personal profit.
9 minute read
By Trudy Knockless | March 6, 2024
The nation's No. 2 auto insurer has new legal team leadership for the first time since 2013.
2 minute read
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