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HTMLNotice of Claim Sufficient to Exclude Coverage from Retroactive Professional Insurance Policy.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
June 24, 2015, previously published on June 2015
On November 26, 2011, Kortney Jackson, a mentally disabled autistic adult, was burned severely while in the care of Antiniece Middleton, an employee/independent contractor of Community Direct Services, Inc. (“CDS”). Shortly thereafter, Carolyn Jackson, as mother, guardian and next...


HTMLClaiming Litigation Privilege Before a Lawsuit Starts
Daniel W. Barber; Singleton Urquhart LLP;
Legal Alert/Article
June 23, 2015, previously published on June 19, 2015
In the early stages of handling an insurance claim, an adjuster always wants to discover as much as possible about it. If a claim arouses any doubts about its veracity, the adjuster will often engage an outside investigator to undertake a more detailed investigation.


HTMLCourt of Appeal Clarifies Evidentiary Requirements for Establishing the Threshold: Gyorffy v. Drury, 2015 ONCA 31
George R. Wray; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2015, previously published on June 15, 2015
The Ontario Court of Appeal recently unanimously held that a plaintiff’s own testimony can be the corroborating evidence required to establish that he or she met the statutory threshold to recover non-pecuniary damages in claims arising from motor vehicle accidents.


HTMLThe Top Five Mistakes in Complex Litigation Work Flow: A Primer (Reminder) for Lead (and other) Paralegals
Marc A. Manos; Nexsen Pruet, LLC;
Legal Alert/Article
June 23, 2015, previously published on June 8, 2015
Nexsen Pruet member (partner) Marcus A. Manos recently conducted a refresher for paralegals at the firm. Entitled "A Primer (Reminder) for Lead (and other) Paralegals," Manos took veterans and newer hires through each step of the firm's work flow. To begin the training session, he focused...


HTMLControversies on the Rise Between Policyholders, Cyberinsurers, and CGL Insurers
Daniel W. Gerber, John J. Jablonski, Jonathan L. Schwartz; Goldberg Segalla LLP;
Legal Alert/Article
June 18, 2015, previously published on June 2, 2015
With all the high-profile and precedent-setting activity that occurred last month, May might as well be known as Data Breach Coverage Month. It saw the settlement of a landmark online data breach coverage case, the first cyberinsurance coverage ruling, a state supreme court affirming a data breach...


HTMLContesting Damages in the Face of Liability
Eric I. Yun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 11, 2015, previously published on June 1, 2015
Although the contest of liability is often (for obvious reasons) thought of as the main event in litigation, damages can in certain situations take center stage, as two recent decisions from the Pennsylvania Superior Court demonstrate. In one case-which involved Marshall Dennehey successfully...


HTMLCourt Finds that Insureds Lacked Insurable Interest Following Foreclosure, Insurer Seeks Rescission Due to Misrepresentation in Application for Insurance
Rick Hammond; Johnson & Bell, Ltd.;
Legal Alert/Article
June 5, 2015, previously published on June 2015
Generally speaking, a person has an insurable interest in property whenever they would gain some advantage by the property’s continued existence, or if they would suffer a loss by its destruction. In other words, the question is not just whether an insured has title to property, but whether...


HTMLCoverage Disputes Between Pip Carriers Subject To Arbitration
Capehart Scatchard P.A.;
Legal Alert/Article
May 25, 2015, previously published on May 19, 2015
In New Jersey, it is statutorily mandated that disputes between insurance companies over contribution for personal injury protection (“PIP”) benefits be arbitrated. What happens, however, where coverage between those carriers is disputed and must be resolved? Who decides, the courts or...


HTMLCNA Denies Cyber Insurance Claim
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
May 22, 2015, previously published on May 19, 2015
Cyber security, and cyber insurance, have dominated the industry headlines for several years now, but even as companies, brokers and insurers work to develop these products, there has been a dearth of case law interpreting key provisions. This is beginning to change as disputes arise and make...


HTMLMaryland Court of Appeals Interprets Insurance Policy in Favor of Insurer and Concludes that Underinsured Motorist Provisions Were Not Ambiguous
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 13, 2015, previously published on April 2015
In Linda Connors, Individually etc., v. Government Employees Insurance Co., the Court of Appeals of Maryland decided a case involving a dispute between an insurance company and two (2) of its insureds, regarding the method to calculate the proceeds owed to the insureds pursuant to the underinsured...


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