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12 Apr, 2008 4:38 pm
... defend the policyholder. • Sherwood Brands, Inc. v. Hartford Accident & Indemnity Co., 347 Md. 32, 698 A.2d 1078 (1997) The Maryland Court of Appeals ... 3d 9, 16, 123 Cal. Rptr. 288, 292 (1975), the court ruled that an insurer cannot consider coverage issues in evaluating the reasonableness of a settlement opportunity. Coverage ... pertinent facts it seeks to evaluate in determining whether the insurer will contribute to or fund settlement. • Low v. Golden Eagle Insurance Co., 110 Cal. App. 4th 1532 ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
19 Aug, 2007 6:00 am
... prepared a report on the Gulfport, Mississippi, home of Hubert and Joyce Smith for Meritplan Insurance Co. The engineer found that both wind and water had damaged the house ... sued State Farm for fraud in U.S. District Court in Jackson, after the insurer ruled that his home had been damaged by water and refused to pay ... can win by paying out small amounts. "There is a finite pool of money," Golden, the plaintiffs attorney, told the judge at the hearing. "Either it goes to the injured victim or it goes ...
Poppe Law Blog - http://www.poppelawfirm.com/blog/
19 Aug, 2007 6:00 am
... prepared a report on the Gulfport, Mississippi, home of Hubert and Joyce Smith for Meritplan Insurance Co. The engineer found that both wind and water had damaged the house ... sued State Farm for fraud in U.S. District Court in Jackson, after the insurer ruled that his home had been damaged by water and refused to pay ... can win by paying out small amounts. "There is a finite pool of money," Golden, the plaintiffs attorney, told the judge at the hearing. "Either it goes to the injured victim or it goes ...
Poppe Law Blog - http://www.poppelawfirm.com/blog/
19 Aug, 2007 1:00 pm
... prepared a report on the Gulfport, Mississippi, home of Hubert and Joyce Smith for Meritplan Insurance Co. The engineer found that both wind and water had damaged the house ... sued State Farm for fraud in U.S. District Court in Jackson, after the insurer ruled that his home had been damaged by water and refused to pay ... can win by paying out small amounts. "There is a finite pool of money," Golden, the plaintiffs attorney, told the judge at the hearing. "Either it goes to the injured victim or it goes ...
Poppe Law Blog - http://www.poppelawfirm.com/blog/
10 Mar 2:03 pm
... covered and non-covered claims in the case entitled: State of California v. Allstate Insurance Co. Let's do a little bit to set the stage first. The State of ... ponds to overflow, and sent contaminated water flooding down a canyon. The Court ruled that event (the rainstorm) fell within the "sudden and accidental" exception to the pollution exclusion, ... prove otherwise. The Court expressly disapproved Golden Eagle Refinery Co. v. Associated Internat. Ins. Co., 85 Cal.App.4th 1300 (2001), and Lockheed ...
May it Please the Court - http://www.mayitpleasethecourt.com/
29 Sep 9:14 am by Amanda Hairston
... good news earlier this month when the Ninth Circuit rejected the insurer's petition for rehearing in its insurance coverage dispute with the Insurance Co. of the State of Pennsylvania. The court's initial ruling upheld the decision of the district court to award $8 million to ... in the underlying action did constitute "damages" under California law. The court cited an analogous decision in Golden Eagle Ins. Co. v. Ins. Co. of the West., 99 Cal. App. 4th 837, 842 (Cal. Ct. App. 2002), which held ...
Insurance Blog - http://www.farellacoveragelaw.com/
30 May, 2008 7:15 am by Michael Stevens
Today, I am at a seminar co-sponsored by the Kentucky Justice Association and the Kentucky Defense Counsel on Trial Strategies and Techniques. I will share short points on this and hope ... or opposing counsel. Jurors HATE contentiousness. Don't discuss burden of proof, insurance, taxes. Don't violate order from motion in limine. Don't repeat ... and learn what they are thinking. Can't convert people to your side. Golden Rule No. Look for leadership or passivity in jurors. But watch out for the closet ...
Kentucky Law Blog - http://www.kentuckylawblog.com/
13 Apr, 2008 4:32 pm
... Ninth Circuit reasoned: One of the primary rationales for New York's no-prejudice rule is protecting insurers from fraud and collusion, but here there has been no collusion allegation ... tort disputes but not contract matters. Frontier Oil Corp. v. RLI Ins. Co., 153 Cal. App. 4th 1436 (2007). The court emphasized that Civil Code § 1646 is California's choice-of-law rule that determines the law governing the interpretation of contracts, and it calls for the governing law to be that of the place of ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
26 Feb 6:16 pm by Joseph Gumina
... excluded "business risk." Id. at 7 (declining to follow Century Indemnity Co. v. Golden Hills Builders, Inc., 384 S.C. 559 (2002)). Such ... risk" rule-which is essentially an insurance industry trade concept-must not supercede analysis of the plain language of insurance contracts. See Zacarias v. Allstate Ins. Co ... Absent a particular policy exclusion, the logical basis for differentiating between consequential loss to an insured's work product and consequential loss to other property remains tenuous ...
Construction Litigation Law Blog - http://njconstructionlawblog.com/
6 Jul, 2007 4:29 am
... does not constitute a distinction which makes the general rule inapplicable. Terhune v. A.H. Robins Co., 577 P.2d 975, 978 (Wash. 1978 ... provides that the doctor was warned. If the warning were inadequate, then the learned intermediary rule won't preclude liability. If the "out-of-state multi-million dollar ... then the goose stops laying the golden eggs. That's exactly what happened with vaccines - until Congress intervened. It may be happening again with property insurance in some hurricane-vulnerable ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
15 Mar 7:03 pm
... deposited into the site? The trial court ruled the relevant discharge was the discharge to the landfill, not the later discharge from the facility, following Standun, Inc. v. Fireman's Fund Ins. Co. (1998) 62 Cal.App.4th 882. The ... cause, the insured is entitled to full coverage. This is a unwelcome decision for insurers who argued, consistent with Golden Eagle, that the insured should have the burden of proving what part of the damage was caused by a covered event. Even so, the insured still has ...
National Insurance Law Forum - http://www.insurancelawforum.com/
19 Nov, 2007 7:19 am by Michael Stevens
... shown during a civil trial challenging Allstate Insurance Co.'s claims practices should be made public, a Fayette judge ruled yesterday. In 1992, Allstate hired international ... . But Allstate argued at trial that the delay was the fault of Hager and her attorney, who the insurer said concealed a pre-existing condition and workers' compensation claim. Clark rejected ... Hager's attorney for a new trial. Attorney J. Dale Golden claimed that 17 erroneous rulings were made before and during Hager's trial. ...
Kentucky Law Blog - http://www.kentuckylawblog.com/
30 Oct, 2008 12:00 am
... (unless persuaded otherwise) to hold FMC was wrong. On other issues, the appellate court appears inclined to rule for the insurers. The court's tentative indicates it agrees with the trial court's finding of only one ... to subsequent releases from the site. The Court of Appeal also concluded Golden Eagle Refinery Co. v. Associated Internat. Ins. Co. (2001) 85 Cal.App.4th 1300 and Lockheed Corp. v. Continental Ins. Co. (2005) 134 Cal.App.4th 184 are incompatible with the California Supreme Court's ...
National Insurance Law Forum - http://www.insurancelawforum.com/
18 Dec, 2008 10:36 pm
... safe than sorry. Arkansas Again, don't do it. There's a rule in the Diamond State that pretty clearly precludes defense counsel from having informal interviews ... Cir. 1993). California The Golden State doesn't prohibit informal interviews with treating physicians. In Heller v. Norcal Mutual Insurance Co., 876 P.2d ... matter of federal, rather than state, law. Mississippi In the Magnolia State, Mississippi Rule of Evidence 503(f) provides that a litigation waiver of the physician/patient privilege "does ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
28 Jun, 2007 10:16 am
... you make a lot of money, you receive the FDA's Peter Barton Hutt Golden Placebo Award for outstanding compliance with regulatory requirements, and Congress, with its committee chairmen now ... preempted by federal law. Prohias II, 2007 WL 1682515, at *5. To us this ruling is manifestly correct. It's the simplest conflict in the world - where the FDA has said "yes," ... 438-39 (Pa. 2004) (post-1996 facts); Drelles v. Manufacturers Life Insurance Co., 881 A.2d 822, 840 (Pa. Super. 2005); Commonwealth v. ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
... or other compensation awarded based on financial statements later found to have been materially inaccurate; eliminate "golden parachute" payments to top executives; limit most bonuses to top executives to one-third of an executive' ... vehicles or collateralized debt instruments tied to residential mortgage-backed securities." [69] In September 2008, a bond insurance company filed suit alleging that Countrywide misled it about the quality of the loans that it originated and used to collateralize its ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
... , and is based on a comment in the Washington University Law Review.) In March 2009, ailing insurance giant American International Group (AIG) triggered a national outcry when it paid out $ ... that Snepp did not disclose any national secrets, which was the purpose for the preclearance rule, but nevertheless argued that more was at stake than mere technical non-compliance. ... home loan banks, Fannie Mae, and Freddie Mac, and limited golden parachute payments to executives. H.R. Rep. No. 111-50, at 3 ( ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
26 Jul, 2007 11:18 am
... U.S. 282, 290 (1986) (prior labor precedent). Metropolitan Life Insurance Co. v. Massachusetts, 471 U.S. 724, 751-57 (1985) ... like the court figuratively ran the Stars and Bars back up the flagpole on the Golden Dome in Bexis' home town. The "independent sovereign" state of Georgia is now going ... issue fell in the face of its conflict with readily apparent congressional and administrative intent: The rule of state tort law for which petitioners argue would stand as an "obstacle" to the accomplishment ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
23 May, 2008 1:03 am
... (Patent Prospector), I-Flow - Order may clarify Southern California local patent litigation rules in case between I-Flow and Apex Medical Technologies: (IP Law360), Justia - ... - Lincoln National files patent infringement suit against Transamerica Financial Life Insurance Co and sister companies over patent for method of providing retirement benefits: ( ... ), Nokia - New counsel on appeal does not overcome waiver of novelty argument: Golden Bridge Tech v Nokia and Lucent Tech: (Patently-O), (IP Law360 ...
IP Thinktank - http://duncanbucknell.com/blog
26 Jun, 2008 8:35 am
... lawyer tried to deceive the Patent and Trademark Office, a federal judge has ruled Abbott Laboratories' patent unenforceable. Abbott had sued Bayer and other ... had withheld key information in connection with the patent filing. Smith Barney's 'Golden Handcuffs' Incentive Plan Gets Court's Blessing New Jersey Law ... granted preliminary approval Tuesday to a class action settlement that would require Aetna Insurance Co. to improve coverage for some eating-disorder patients. The judge made the decision ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
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