Legal Articles: Marshall Dennehey Warner Coleman & Goggin, P.C.

 







Document(s) published by this organization: 85


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HTMLWhen In Doubt, Get It In Writing
April L. Cressler; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 7, 2016, previously published on December 1, 2016
It was New Year’s Eve, and Sue Smith was closing out her year with a bang. It wasn’t yet midnight when the bartender determined it was time to cut her off. Sue responded by launching a beer bottle at the bartender’s face, and a scuffle with two uniformed officers ensued,...

 

HTMLRecent Bankruptcy Opinion Reiterates that Excess Policies Require Actual Payment of Underlying Limits Before Coverage Is Triggered
Stephen M. Wagner; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 7, 2016, previously published on December 1, 2016
In the Chapter 11 case of In re Rapid-American Corp., 2016 Bankr. LEXIS 2224 (Bankr. S.D.N.Y. June 7, 2016), the court has ruled that excess directors’ and officers’ liability insurance cannot be triggered without actual payment of the underlying policies’ limits of liability. The...

 

HTMLEnforceability of Proposals for Settlement in Actions Requesting Declaratory Relief
Danielle N. Robinson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 7, 2016, previously published on December 1, 2016
The enforceability of proposals for settlement served upon plaintiffs continues to be a concern in first-party property cases. Florida’s courts continue to find issues they consider to be ambiguous within proposals themselves, including the failure to apportion offers made to husband and wife...

 

HTMLEliminating Duplicate Claims With the Gist of the Action Doctrine
Adam M. Sorce; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 7, 2016, previously published on December 1, 2016
Increasingly, insureds in premises liability cases and property damage/subrogation cases are faced with defending complaints and joinder complaints containing claims of negligence and breach of contract. The focus of this article will be applying the Gist of the Action Doctrine to eliminate...

 

HTMLBusiness Owners Beware: Clear and Unambiguous Language in Arbitration Agreements Is Not Enough to Make Them Enforceable in New Jersey
Douglas D. Suplee; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 7, 2016, previously published on December 1, 2016
Business owners in New Jersey seeking to avoid being sued in court by requiring patrons to sign an agreement to settle any disputes by way of binding arbitration were recently reminded by the New Jersey Appellate Division that clear and unambiguous language of such agreements is not enough to make...

 

Adobe PDFDE Supreme Court to Decide if Claimant Who Is Illegal Alien Qualifies as Displaced Worker
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
November 11, 2016, previously published on October 21, 2016
In this closely watched case, the Delaware Supreme Court recently heard oral argument on the employer’s appeal. The claimant had suffered a compensable work injury on June 22, 2010, when she slipped on the floor at work and injured her left wrist. She later underwent surgery involving a...

 

HTMLCMS Overhauls Regulations Applicable to Long-Term Care Facilities
Chanel A. Mosley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 7, 2016, previously published on October 4, 2016
On Wednesday, September 28, 2016, the Centers for Medicare and Medicaid Services (CMS) announced the issuance of a new final rule concerning the regulation of Medicare- and Medicaid- certified long-term care providers. The new, comprehensive rule represents a major reform of the requirements...

 

Adobe PDFDon't Make Mediation a Surprise Party
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 28, 2016, previously published on September 2016
One of the recurring problems in mediation is the disclosure of new information that alters the economics of the case. This most frequently occurs during mediation of personal injury claims, but the problem exists across the board. New information can come in the form of insurance coverage...

 

HTMLEleventh Circuit Court of Appeals Requires a Liability Insurance Carrier to Pay TWICE After It Grants a Medicare Advantage Plan a Cause of Action
James E. Pocius; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 21, 2016, previously published on September 9, 2016
In a case that will have far reaching effects across the country, the Eleventh Circuit Court of Appeals granted Humana Medical Plan, Inc. a private cause of action to collect as a Medicare Advantage Plan.

 

HTMLBad Faith Failure to Settle: When Does the Clock Start Ticking in Delaware?
Thomas J. Gerard; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 12, 2016, previously published on September 1, 2016
The relationship between an insurance carrier and its insured during litigation is often fraught with a delicate balance of interests. At times an insurer’s corporate self-interest may seem to drive its decisions regarding litigation and may seemingly result in a conflict of interest with its...

 


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