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National Insurance Law Forum

Discussion forum among insurance industry professionals, risk managers, attorneys, policyholders, students, and others with an interest in the development of American insurance law.

http://www.insurancelawforum.com/

Sep 8
ALI Reinsurance Restatement Takes Another Step Towards Approval

ALI Reinsurance Restatement Takes Another Step Towards Approval

Following last May’s tumultuous decision by the American Law Institute to defer a final vote on its proposed Restatement of Law, Liability Insurance, the Restatement reporters have been busy drafting new text to meet the concerns that…
Aug 16
Certain Underwriters v. Mass. Bonding and Ins. Co. Court of Appeals Decision

Certain Underwriters v. Mass. Bonding and Ins. Co. Court of Appeals Decision

The Oregon Court of Appeals delivered a decision in the Publications – OpinionsCOA2017 ((A156649) Certain Underwriters v. Mass. Bonding and Ins Co). The trial court’s decision to dismiss London’s contribution claims…
Jul 20
Noncumulation Clause Results in “All Sums” Allocation for Long-Tail Environmental Liabilitie

Noncumulation Clause Results in “All Sums” Allocation for Long-Tail Environmental Liabilitie

By David M. Knapp, Ward Greenberg Heller & Reidy LLP Applying the New York Court of Appeal’s landmark Viking Pump decision for the first time, the Second Circuit recently held that an “all sums” allocation applied to…

Rank this Week: 1008

New Jersey Insurance Blog

Covers New Jersey insurance law decisions. By William D. Wilson.

http://njinsuranceblog.com

Aug 14
New Jersey Insurance Coverage Litigation – A Practitioner’s Guide (2017)

New Jersey Insurance Coverage Litigation – A Practitioner’s Guide (2017)

An updated and expanded version of New Jersey Insurance Coverage Litigation – A Practitioner’s Guide, the book I co-authored, is now available. It has been over two years since the first edition of this book was…
Aug 14
New Jersey Insurance Coverage Litigation – A Practitioner’s Guide (2017)

New Jersey Insurance Coverage Litigation – A Practitioner’s Guide (2017)

An updated and expanded version of New Jersey Insurance Coverage Litigation – A Practitioner’s Guide, the book I co-authored, is now available. It has been over two years since the first edition of this book was…
Jun 27
Up on the Roof: Court Holds Landlord an Additional Insured

Up on the Roof: Court Holds Landlord an Additional Insured

Leases of real property often require the tenant to obtain liability insurance covering the premises and to name the landlord as an additional insured under the policy. The extent to which the landlord is entitled to coverage depends,…

Rank this Week: 2386

New Jersey Insurance Coverage…

New Jersey Insurance Coverage Litigation

By Eugene Killian, Jr.

http://www.newjerseyinsurancecoveragelitigation.com

Sep 12
Is Lloyd’s of London a racketeering enterprise?

Is Lloyd’s of London a racketeering enterprise?

I have a fair amount of experience in litigating coverage disputes under Lloyd’s of London policies. Let’s just say that, because of the labyrinthine structure of the organization (if it IS an “organization”), pursuing…
Aug 10
Forum selection clauses in insurance policie

Forum selection clauses in insurance policie

My wife has been pestering me to get out of an unused gym membership for some time. See, as a lawyer, I probably shouldn’t admit this, but I neglected to read the small print in the contract. It said that, unless I canceled in…
Jun 28
New Developments in Insurance Broker Liability

New Developments in Insurance Broker Liability

We had a broker liability case not long ago involving a manufacturing facility on the banks of the Hudson River that got wiped out by Sandy. The client had no flood coverage. We argued that, under the particular circumstances of…

Rank this Week: 2498

New York Commercial and…

New York Commercial and Construction Lawyer Blog

Covers business and insurance law. By Rich, Intelisano & Katz, LLP.

http://www.newyorkcommercialconstructionlawyer.com/

Sep 12
When The Party Is Over For A Party Wall

When The Party Is Over For A Party Wall

A recent case from Supreme Court, New York County, clarifies a limit to the rights of a property owner that shares a party wall with a neighbor who redevelops its site without relying on the party wall. The post When The Party Is Over For A…
Jul 24
Willful Exaggeration Standard Remains High

Willful Exaggeration Standard Remains High

For those in the construction industry, mechanics’ liens are sure to be a familiar occurrence. And, for those who have ever had a project of theirs liened, they will be aware of the tenacity of these legal devices. Mechanics’…
Apr 26
Recovery Pitfalls In Home Improvement Dispute

Recovery Pitfalls In Home Improvement Dispute

General Business Law § 771 provides a host of requirements for home improvement contracts, chief among them being that such contracts must be in writing and signed by all parties. Additionally, the contract must contain the name,…

Rank this Week: 1518

North Carolina Litigation Blog

Covers litigation in North Carolina including construction law, personal injury, insurance, N.C. Court of Appeals and N.C. Supreme Court opinions. By Angela Jolly.

http://northcarolinalitigationblog.com/

Jul 14
McIlveen and Project Halo team up

McIlveen and Project Halo team up

The McIlveen Family Law Firm has jump started its summer by becoming involved with several charities around Charlotte and Gastonia. …Continue reading →
Jul 14
McIlveen and Project Halo team up

McIlveen and Project Halo team up

The McIlveen Family Law Firm has jump started its summer by becoming involved with several charities around Charlotte and Gastonia. …Continue reading »
Feb 15
Child Support

Child Support

Reblogged from N.C. Family Law Blog: Child Support

Rank this Week: 2949

Oklahoma Insurance Law

Covers first party coverage issues and bad faith for Oklahoma. By Buckman & Roach.

http://www.okinsurancelawblog.com/

Mar 31
Motels, Apartment Complexes, Restaurants, And Businesses Serving People Should Manage Risk

Motels, Apartment Complexes, Restaurants, And Businesses Serving People Should Manage Risk

The typical Oklahoma business manages a considerable part of its liability risks by purchasing insurance coverage. While hardly news, businesses sometimes take their insurance coverage for granted and just assume insurance will be there if an…
Mar 24
Arbitration Might Not Be Required If No Mental Capacity To Knowingly Enter Into Contract

Arbitration Might Not Be Required If No Mental Capacity To Knowingly Enter Into Contract

The Plaintiffs Walker Bark and Debra Yahquo signed two contracts with Lake Country Chevrolet to purchase automobiles. A disagreement arose over the vehicles. Unable to resolve the dispute to their satisfaction, the Plaintiffs filed a lawsuit.…
Mar 20
Oklahoma Wildfires Destroy A Staggering 800,000 Acre

Oklahoma Wildfires Destroy A Staggering 800,000 Acre

Fires in northwest Oklahoma have damaged more than 800,000 acres. The extent and size of the area damaged is hard for many of us to comprehend. As a couple of measuring sticks, there are 640 acres in one square mile. So it means you would…

Rank this Week: 4482

Physician Law

Features news, updates, and tips on legal issues affecting physicians and non-institutional providers. By Fox Rothschild LLP.

http://physicianlaw.foxrothschild.com/

Sep 18
Proposed New Jersey Regulation would Restrict Pharma Gifts to Prescriber

Proposed New Jersey Regulation would Restrict Pharma Gifts to Prescriber

Gov. Christie’s Administration recently proposed a regulation to curtail the prescription of unnecessary opioid painkillers. Christie, who serves as the Chairman of President Trump’s Commission on Combating Drug Addiction…
Aug 2
Pennsylvania Begins Physician Registration for Medical Marijuana

Pennsylvania Begins Physician Registration for Medical Marijuana

As first reported on our sister blog, “In the Weeds” (post accessible here), on July 26, 2017, the Pennsylvania Department of Health opened its Medical Marijuana Practitioner Registry. Physicians licensed in…
Jul 18
CMS Predicts that Physicians participating in Advanced APMs in 2017 will receive a 5% Incentive Payment in 2019

CMS Predicts that Physicians participating in Advanced APMs in 2017 will receive a 5% Incentive Payment in 2019

Under CMS’s new Quality Payment Program, which will adjust Medicare Part B payments starting in 2019 based on data from this year, physicians and other eligible clinicians must qualify for one of two…

Rank this Week: 3986

Policyholder Perspective

Provides analysis of trends and developments in the area of insurance coverage law. By Farella Braun + Martel.

http://www.farellacoveragelaw.com/

Sep 21
Insurance Broker Series: Gardner Jones, ABD Insurance and Financial Service

Insurance Broker Series: Gardner Jones, ABD Insurance and Financial Service

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of…
Sep 14
Insurance Broker Series: Stephen Leveroni, ABD Insurance and Financial Service

Insurance Broker Series: Stephen Leveroni, ABD Insurance and Financial Service

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of…
Sep 7
Insurance Broker Series: Cris Christensen, ABD Insurance and Financial Service

Insurance Broker Series: Cris Christensen, ABD Insurance and Financial Service

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of…

Rank this Week: 3761

Policyholder Pulse

Covers insurance law. By Pillsbury Winthrop Shaw Pittman LLP.

http://www.policyholderpulse.com/

Sep 20
Paving Over Potholes in Claims-Made Policie

Paving Over Potholes in Claims-Made Policie

As summer comes to a close, road repair crews across the country are identifying the street repairs and potholes that must be filled before the cold weather approaches. Now is also a good time for policyholders to identify some of the…
Sep 14
Understanding Business Interruption Insurance and Wide-Impact Catastrophe

Understanding Business Interruption Insurance and Wide-Impact Catastrophe

In the wake of Hurricanes Harvey and Irma, policyholders can expect insurers to put forward strong objections to some of the most consequential claims asserted by insureds. In a recent client alert, our colleagues Joe Jean, Geoffrey Greeves…
Sep 12
Riddell, Inc. v. Superior Court: Insurers Flagged for Unsportsmanlike Conduct

Riddell, Inc. v. Superior Court: Insurers Flagged for Unsportsmanlike Conduct

California law has long held that an insurer may not use declaratory relief or other tactics to prejudice the defense of its policyholder in an underlying lawsuit. But in their zeal to avoid coverage, and despite California Supreme Court…

Rank this Week: 1900

Property Casualty Focus

Focused on legal developments in the property-casualty industry. By Carlton Fields Jorden Burt.

http://propertycasualtyfocus.com/

Sep 22
Navigating Florida Property Coverage Waters After Hurricane Irma

Navigating Florida Property Coverage Waters After Hurricane Irma

As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent causation, and time…
Sep 18
Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for breach of…
Sep 1
Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

Insurers looking to remove declaratory judgment actions to courts in the Third Circuit were recently given some clarity — and, for one defendant insurer, a welcome reversal. On August 21, the U.S. Court of Appeals for the Third Circuit…

Rank this Week: 1695

Property Insurance Coverage Law…

Property Insurance Coverage Law Blog

Covers property insurance coverage matters. By Merlin Law Group.

http://www.propertyinsurancecoveragelaw.com/

Sep 25
Time Limits on Public Adjuster and Contractor Solicitation Challenged as Unconstitutional Restraint on Free Speech

Time Limits on Public Adjuster and Contractor Solicitation Challenged as Unconstitutional Restraint on Free Speech

A federal lawsuit has been filed challenging the free speech rights of solicitation by contractors and public adjusters.1 We have discussed this topic before in Public Adjusters Win Free Speech Rights and Ability to Promptly Help…
Sep 25
Assignment of Benefits Bill Filed in Florida Senate

Assignment of Benefits Bill Filed in Florida Senate

Florida Senator Gary Farmer filed an Assignment of Benefits reform bill in the Florida Senate. As discussed in Unauthorized Practice of Public Adjusting Case Petitioned to Texas Supreme Court, and Two different approaches to the Assignment of…
Sep 24
New York Notice of Claim Requirement

New York Notice of Claim Requirement

As discussed in my previous blog post regarding the tropical storm watch issued for parts of Long Island because of Hurricane Jose, as soon as damage is discovered, it should be reported to the insurance company, even if you think it is minor…

Rank this Week: 634

RandyWallace

Blog about current issues in Mississippi law including personal injury, divorce and insurance.

http://randywallace.wordpress.com/

Apr 4
Defense Expert’s Attack on the Collateral Source Rule Falling Short

Defense Expert’s Attack on the Collateral Source Rule Falling Short

The collateral source rule can be summarized by stating “[c]ompensation or indemnity for the loss received by plaintiff from a collateral source, wholly independent of the wrongdoer, as from insurance, cannot be set up by the…
Nov 16
Minors’ settlements in Mississippi

Minors’ settlements in Mississippi

I spent this morning before a chancellor obtaining approval for a minor’s personal injury settlement. Prior to the hearing, I followed a routine that virtually ensures success. First, I reviewed Chancellor Primeaux’s outline…
Oct 28
The Nasty Side of Judicial Election

The Nasty Side of Judicial Election

Years ago judicial elections in Mississippi consisted of the candidates making stump speeches about their qualifications. Members of the community would support or oppose judges based on their interactions and experiences with the…

Rank this Week: 530

Reinsurance Focus

Covers new reinsurance-related and arbitration developments. By Carlton Fields.

http://reinsurancefocus.com/

Sep 25
SOUTH CAROLINA FEDERAL COURT ORDERS SEPARATE TRIALS OF PRIMARY AND THIRD-PARTY CLAIMS IN REINSURANCE TRUST INVESTMENT DISPUTE

SOUTH CAROLINA FEDERAL COURT ORDERS SEPARATE TRIALS OF PRIMARY AND THIRD-PARTY CLAIMS IN REINSURANCE TRUST INVESTMENT DISPUTE

A federal district court in South Carolina recently granted motions to bifurcate a trial involving various claims, crossclaims, and counterclaims between an insured, reinsurers, and a reinsurance agreement trustee. Companion Property…
Sep 24
THE UNCERTAINTIES OF PROGNOSTICATIONS OF THE IMPACT OF HURRICANES HARVEY AND IRMA ON CATASTROPHE BONDS

THE UNCERTAINTIES OF PROGNOSTICATIONS OF THE IMPACT OF HURRICANES HARVEY AND IRMA ON CATASTROPHE BONDS

We have rarely provided our opinions or market commentaries in our Reinsurance Focus posts, preferring instead to provide our readers hopefully balanced analyses of court opinions, legislation, and regulations affecting the reinsurance…
Sep 20
LENDER-AFFILIATED CAPTIVE REINSURER OBTAINS DISMISSAL OF MORTGAGE INSURANCE LAWSUIT BROUGHT BY ILLINOIS DIRECTOR OF INSURANCE

LENDER-AFFILIATED CAPTIVE REINSURER OBTAINS DISMISSAL OF MORTGAGE INSURANCE LAWSUIT BROUGHT BY ILLINOIS DIRECTOR OF INSURANCE

The suit arose out of an arrangement where lenders would refer borrowers to (now-defunct) Triad Guaranty Insurance Company (Triad) to obtain private mortgage insurance. The lender-affiliated captive insurance company would then reinsure the…

Rank this Week: 1875

Reinsurance Law Blog

Covers insurance bad faith. By Stauffer Nathan.

http://reinsurance.staufferlaw.com/

Jul 12
No claim of bad faith or breach of contract against rental car company where insurance was declined — Missouri

No claim of bad faith or breach of contract against rental car company where insurance was declined — Missouri

In Clayborne v. Enterprise, Parker rented a car from Enterprise. Parker declined insurance coverage and supplemental insurance when he rented the car. Then he was in an accident and hit Clayborne. Enterprise declined to…
Jun 5
O.K. to depreciate labor in property loss — Tenth Circuit applying Kansas law

O.K. to depreciate labor in property loss — Tenth Circuit applying Kansas law

In Graves v. American Family Mutual, Graves had roof damage and damage to her kitchen ceiling after a hailstorm. Her American Family homeowner’s insurance policy provided for recovery of the “actual cash value” at the time…
May 30
Insurer gets summary judgment for untimely notice – claims made policy — no prejudice required — 8th Circuit Minnesota

Insurer gets summary judgment for untimely notice – claims made policy — no prejudice required — 8th Circuit Minnesota

In Food Market Merchandising, Inc v. Scottsdale Indemnity Company, Food Market was required to pay additional commissions to an employee. It provided notice to Scottsdale 7 months after the employee sued for his commissions. The…

Rank this Week: 3198

Retirement Plan Blog

Covers Employee Benefit Plans, Retirement Programs, Welfare Benefit Plans, Executive Benefits, and Employee Ownership Programs. By National Benefits Services, Inc.

http://www.retirementplanblog.com/

Sep 7
SIMPLE vs. 401(k): November 1 Deadline Approaching

SIMPLE vs. 401(k): November 1 Deadline Approaching

Tax planning as in life can be a series of trade-offs. Whether to have a SIMPLE-IRA vs. a 401(k) plan is one of those trade-offs. And if you currently have a SIMPLE-IRA and want to change to 401(k), then you’ve got a November 1,…
Aug 14
The White Rabbit and ERISA

The White Rabbit and ERISA

It occurred to me after my last post, October 1 401(k) Safe Harbor deadline gets closer, that the White Rabbit could relate to ERISA. The White Rabbit, of course, is the first character Alice meets up with in Lewis Carroll’s classic…
Aug 11
October 1 401(k) Safe Harbor deadline gets closer

October 1 401(k) Safe Harbor deadline gets closer

That’s No. 3 in my Pension Plan Procrastination Perils Proper Personal Planning list. If you want to set up a new Safe Harbor 401(k) plan for 2017, it has to be done by October 1. A Safe Harbor plan permits owners…

Rank this Week: 3906

RiskProf

Discussions on Insurance, Liability Law and Economics. By Martin F. Grace and J. Tyler Leverty.

http://riskprof.typepad.com/tort/

May 10
Welcome Summer 2010

Welcome Summer 2010

We'll be using this blog for everything but grades this semester. Grades will be posed on Ulearn.Text: Cross and Miller, Wests Legal Environment of Business (2007) 6th Edition.Here is a link with info from Amazon. This book is available…
Sep 29
American Association for Justice is a Caricature

American Association for Justice is a Caricature

I got a kick out of this article in the Washington Times on Sept.
Aug 12
Isn't this a good thing?

Isn't this a good thing?

HILO, Hawaii -- Living on the slope of one of the most active volcanos in the world can be expensive when it comes to homeowners insurance.

Rank this Week: 1367

San Francisco Injury Lawyer Blog

Covers personal injury law. By Brod Law Firm.

http://www.sanfranciscoinjurylawyerblog.com/

Sep 22
A Tenant’s Right to Privacy

A Tenant’s Right to Privacy

There are certain rights you take for granted until someone else violates them. One of these is your right to privacy. As an individual, you are entitled to privacy from others. This is a social norm. As a resident of the U.S., you are…
Sep 20
Seniors Must be Watchful to Avoid Becoming Victims of Theft

Seniors Must be Watchful to Avoid Becoming Victims of Theft

Recent surveillance camera footage is a difficult reminder of how careful elderly individuals need to be when in public. The Burbank, California police have released a video of a young woman waiting behind an elderly woman who was in an…
Sep 18
Who is Responsible for an Accident at the Fair?

Who is Responsible for an Accident at the Fair?

Everyone enjoys the annual county fairs or pop-up circuses that occasionally head into town. No matter your age, there is something to enjoy. Children and teenagers, in particular, look forward to the rides. Miniature roller coasters offer a…

Rank this Week: 3448

Schwartz Law PC Blog

Covers disability insurance claim and bad faith information.

https://schwartzlawpc.com/blog/

Aug 29
Cyber Fraud Insurance Coverage: More Coverage Than You Think!

Cyber Fraud Insurance Coverage: More Coverage Than You Think!

A recent decision by a New York federal judge in the burgeoning area of cyber coverage has significantly expanded the scope of covered losses that involve scams or theft by the hackers and scammers in cyberspace.The name of the case is…
Aug 15
Filing in Federal or State Court? The Answer May Significantly Affect Your Case

Filing in Federal or State Court? The Answer May Significantly Affect Your Case

When suing for long-term disability benefits, an important choice for your lawyer is whether to file the lawsuit in federal court or state court. New York State provides an interesting contrast for the purpose of evaluating this choice: Jury…
Jul 31
Insurance Companies Beware of Bad Faith Denials of Claims in the State of Washington

Insurance Companies Beware of Bad Faith Denials of Claims in the State of Washington

This is an important, recent decision from the Supreme Court of the State of Washington, its highest court, involving a personal injury situation arising from a homeowner’s claim. The name of the case is Xia v. Probuilders Specialty…

Rank this Week: 767

Scott Godes' Insurance Law Blog

Discusses insurance coverage issues.

http://law.lexisnexis.com/author-center/Scott-Godes/rss

Jan 18
Guest View: Insurance for the Cloud

Guest View: Insurance for the Cloud

When you hear “cloud computing,” is insurance the first thing that you think of? No? I’m the only one who thinks that way? Well, if you were wondering about the implications of cloud computing on insurance…
Jan 12
"Dusting Off an Old Law" – Insurance Coverage for Trespass to Chattels Claim

"Dusting Off an Old Law" – Insurance Coverage for Trespass to Chattels Claim

“Trespass to chattels”?!? Isn’t that a doctrine that was dead and buried, brought up only to torment…educate first year law students? Not any more! In the electronic age, the trespass to chattels…
Jul 17
Scott Godes On Sun-Times Media Group v. Royal & SunAlliance Insurance: Delaware Court's Ruling Requiring Advancement Of Defense Costs Under D&O Policie

Scott Godes On Sun-Times Media Group v. Royal & SunAlliance Insurance: Delaware Court's Ruling Requiring Advancement Of Defense Costs Under D&O Policie

In Sun-Times Media Group, Inc. v. Royal & SunAlliance Ins. Co. of Canada, the Delaware Superior Court considered insurers’ usual arguments as to why they should be able to refuse to advance defense costs, as they promised to do in…

Rank this Week: 3710

Share Lawyer’s Blog

Covers long term or short term disability insurance law in Canada.

http://www.sharelawyers.com/blog/

Sep 20
A Client Appreciates the Regular Update

A Client Appreciates the Regular Update

We love hearing from our clients, and this kind of interaction happens all the time! We regularly receive emails, letters, phone calls, and comments on social media from people who use our services. Their kind words motivate us to fight even…
Sep 4
Injury Leads to Disability – Share Lawyers Help

Injury Leads to Disability – Share Lawyers Help

At Share Lawyers we know that living with a disability is very difficult and that in an ideal world, the disabled would be given the benefits they deserve without question. Unfortunately, insurance companies often fight tooth and nail to deny…
Sep 1
Long Term Disability Benefits and C.P.P. Disability – What’s the Difference?

Long Term Disability Benefits and C.P.P. Disability – What’s the Difference?

We often encounter confusion from people regarding LTD vs. CPP, and we hope to clarify the differences with some quick points. General LTD is private insurance available through Group Insurance Benefits, usually through a workplace, or group…

Rank this Week: 1541

Social Security Disability Lawyer…

Social Security Disability Lawyer Blog

Covers insurance law. By Law Offices of Russell J. Goldsmith.

http://www.socialsecuritydisabilitylawyerblog.net/

Sep 25
Why Have I Been Denied Social Security disability benefits when my Doctor has said I’m Disabled?

Why Have I Been Denied Social Security disability benefits when my Doctor has said I’m Disabled?

We are many times called by individuals who have been denied their Social Security disability claim (whether it be on their initial claim, reconsideration or at hearing) despite what they inform us is their doctor’s supportive…
Sep 18
Reopening a Prior Administrative Law Judge Denial: The Res Judicata Doctrine

Reopening a Prior Administrative Law Judge Denial: The Res Judicata Doctrine

And so you find yourself in the position of having pursued your Social Security disability claim for years. You’ve applied and been denied repeatedly, and finally in front of an Administrative Law Judge (ALJ). Now you…
Sep 13
Treating Physicians and their Role in the Social Security Disability Proce

Treating Physicians and their Role in the Social Security Disability Proce

There is nothing more frustrating when representing someone in their Social Security disability claim than hearing that a longstanding medical provider is not willing to address a residual functional capacity questionnaire. These forms…

Rank this Week: 1520

Soha & Lang Coverage Blawg

Features new case law and insurance regulations on insurance coverage issues with a focus on the Pacific Northwest.

http://sohalang.blogspot.com/

Sep 14
Another Soha & Lang, P.S. Attorney Moves Forward in the CPCU Journey

Another Soha & Lang, P.S. Attorney Moves Forward in the CPCU Journey

On September 13, 2016, Soha & Lang, P.S. attorney Jennifer Dinning took and passed her first CPCU exam, CPCU 500 Foundations of Risk Management and Insurance. Jennifer is one of three Soha & Lang, P.S. attorneys on the path to…
Jun 15
Washington Supreme Court Sides with Insurer - No Coverage for Damage to Vacant Building

Washington Supreme Court Sides with Insurer - No Coverage for Damage to Vacant Building

On June 9, 2016, the Washington Supreme Court ruled that a Change of Conditions Endorsement in a commercial property insurance policy precluded coverage for water damage to a vacant building. There was no dispute regarding the relevant…
Dec 11
Washington Supreme Court rules Consumer Protection Act protects out-of-state consumers and allows claims against out-of-state defendants for acts of in-state agent

Washington Supreme Court rules Consumer Protection Act protects out-of-state consumers and allows claims against out-of-state defendants for acts of in-state agent

On December 10, 2015, the Washington Supreme Court affirmatively answered the following certified questions from the United States District Court for the Western District of Washington:1. Does the Washington Consumer…

Rank this Week: 2933

Specialty Insurance Blog

Offers news and commentary on specialty insurance, risk management and private equity, with an emphasis on professional liability and entrepreneurship. By Tennant Risk Services.

http://specialtyinsurance.typepad.com/specialty_insurance_blog/

Sep 26
Sale & Tail – An Update on Tail Coverage

Sale & Tail – An Update on Tail Coverage

The Insurance Agents/Brokers E&O Standalone Tail market is very active, providing flexible terms and competitive pricing. These Standalone Tail options are provided by other insurers separate from the expiring policy, can be customized…
Sep 12
Insurance Agents E&O & Hurricane

Insurance Agents E&O & Hurricane

Insurance agents & brokers face an increased risk of E&O (errors & omissions) claims from hurricanes and other catastrophes, along with insolvency risk from insurers, and the agency itself may be directly impacted. Good internal…
Aug 29
Healthcare Data Breach Exposure

Healthcare Data Breach Exposure

Healthcare data breach exposures are not all cyber based. Third parties, paper records and fines are also exposures that should be included in a comprehensive Cyber Risk Insurance policy.

Rank this Week: 1364

Springfield Injury Lawyer Blog

Covers Illinois personal injury, medical malpractice and workers compensation law. By Ackerman Law Office, P.C.

http://www.springfieldinjurylawyer-blog.com/

Aug 20
Claim Splitting in Illinoi

Claim Splitting in Illinoi

Claim Splitting The appellate court addressed claims splitting in Dinerstein vs. Evanston Athletic Clubs, Inc. In Dinerstein the plaintiff filed suit involving an injury at a health club. The injury occurred when plaintiff was climbing a…
Jun 29
Governmental Immunity

Governmental Immunity

Government entities are generally allowed immunity on many torts. This makes filing suit against a county or municipal government difficult. An example of that is Monson vs. City of Danville. In Monson the plaintiff fell on property owned by…
May 14
Protecting Access to Care Act of 2017

Protecting Access to Care Act of 2017

HR 1215 advancing through the house, the subject of medical neglect to come up again. HR 15 would limit noneconomic damages to $250,000 on medical neglect claims throughout the country. This would affect states’ rights to decide their…

Rank this Week: 3301

Tennessee Disability and Life…

Tennessee Disability and Life Insurance Blog

Covers insurance law. By Pepper Law, PLC.

http://www.nashvilleinsurancelawyer.com/

Sep 22
Understanding the Insurable Interest Requirement for Life Insurance Policies, Part 1

Understanding the Insurable Interest Requirement for Life Insurance Policies, Part 1

The law which requires a policy owner to have an insurable interest in whatever is being insured seems fairly straightforward. Under Tenn. Code Ann. § 56–7–101, a person who buys an insurance policy must have an…
Sep 5
How An Award of Social Security Disability Benefits Can Impact Your ERISA Long-Term Disability Case

How An Award of Social Security Disability Benefits Can Impact Your ERISA Long-Term Disability Case

In lawsuits challenging an ERISA plan’s denial of long-term disability benefits, can claimants who have qualified for Social Security disability benefits use that as evidence in their case? Or, to put it another way, can a…
Aug 9
Recent Court of Appeals Decision Shows How Difficult It Is in Tennessee to Challenge a Beneficiary’s Right

Recent Court of Appeals Decision Shows How Difficult It Is in Tennessee to Challenge a Beneficiary’s Right

Under what circumstances will a court rule that the named beneficiary under a life insurance policy is not entitled to receive the proceeds of the policy? In Estate of Lane v. Courteaux (2017), the Court of Appeals of Tennessee…

Rank this Week: 1800

Tennessee Injury Law Center

Covers insurance law, products liability, medical malpractice and injury and accident law. By The Law Offices of John Day, P.C.

http://www.tennesseeinjurylawcenter.com/

Aug 28
Put Your Cellphone Away While Crossing the Street Unless You Want To Get a Ticket

Put Your Cellphone Away While Crossing the Street Unless You Want To Get a Ticket

Some people can’t walk and chew gum at the same time, but Honolulu thinks too many people are bad at walking and texting. The city has now passed legislation which outlaws pedestrians crossing the street while texting or otherwise…
Aug 17
So Let’s Talk About Those Solar Eclipse Goggles You Have

So Let’s Talk About Those Solar Eclipse Goggles You Have

Months ago, when I first learned of the solar eclipse, I immediately ordered some solar eclipse goggles. Even though the goggles were more expensive, I ordered them for a couple of reasons: (1) since they fit snuggly around the head…
Aug 10
Reminders for the First Day of School

Reminders for the First Day of School

Today is the first day of school for Williamson County. Our daughter Kate is entering 5th grade this year at Scales Elementary. Although she was embarrassed, she did relent and allow this picture upon arrival at school. And while…

Rank this Week: 1712

Texas Injury Law Blog

Covers the rights of individuals injured in accidents. By the Fears Nachawati Law Firm.

http://www.txinjuryblog.com/

Oct 18
Fears Nachawati is Representing Former NFL Players in Concussion Related Case

Fears Nachawati is Representing Former NFL Players in Concussion Related Case

Fears Nachawati is proudly representing former NFL players and their families in the tragic cases of CTE and other concussion related injuries. If you or someone you care about is a former NFL player, please contact us at…
Oct 18
Fears Nachawati Signs Former NFL Star Player Mel Gray in Concussion Related Case

Fears Nachawati Signs Former NFL Star Player Mel Gray in Concussion Related Case

Fears Nachawati is proudly representing former NFL players and their families in the tragic cases of CTE and other concussion related injuries. Mel Gray, 12 year NFL veteran of the St. Louis Cardinals, is the newest player to be represented.…
Oct 4
Fears Nachawati Attorneys Selected to 2016 Super Lawyers List

Fears Nachawati Attorneys Selected to 2016 Super Lawyers List

Fears Nachawati Law Firm is proud to announce that Partner Majed Nachawati has been selected to the 2016 Texas Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by receive this honor.…

Rank this Week: 3871

Texas Property Insurance Lawyer…

Texas Property Insurance Lawyer Blog

Covers insurance & real estate and property law. By Insurance Law & Real Estate and Property Law.

http://www.texaspropertyinsurancelawyer.com/

Aug 18
ATTENTION PROPERTY OWNERS WITH INSURANCE CLAIMS!!

ATTENTION PROPERTY OWNERS WITH INSURANCE CLAIMS!!

New Law Limiting Your Rights Under Your Policy Goes Into Effect September 1 The Texas Legislature passed a law, effective September 1, called the “Hailstorm Bill.” This new law severely limits your rights under your commercial…
Jun 6
What Are Your Limits?

What Are Your Limits?

No not those limits. Not the “What is holding you back?” self-help type. I’m talking about something much less exciting. What are your insurance policy limits? In Texas it may be higher than you thought. Continue reading
Apr 19
Prove It!! Proofs of Loss in an Insurance Contract

Prove It!! Proofs of Loss in an Insurance Contract

Most commercial insurance policies require a proof of loss when there is a disagreement over the amount of the loss. The Policy usually reads: Action Against Us No one may bring an action against us in any way related to the existence or…

Rank this Week: 1816

The D & O Diary

Covers directors and officers liability. By Kevin LaCroix.

http://dandodiary.blogspot.com/

Feb 15
Subprime Litigation Wave Hits State Street

Subprime Litigation Wave Hits State Street

To see this page on The D & O Diary's new website, click here. To go to the homepage of The D & O Diary's new ebsite, click here.On January 3, 2008, State Street Corporation announced (here) that for the fourth quarter of 2007, it will be…
Feb 15
A Closer Look at the 2007 Life Sciences Securities Lawsuit

A Closer Look at the 2007 Life Sciences Securities Lawsuit

To see this page on The D & O Diary's new website, refer here. To go to the home page of The D & O Diary's new website, click here. In prior posts (most recently here), I noted that even during the two-year lull in securities lawsuits filings…
Feb 15
Tracking the Opt-Out Settlement

Tracking the Opt-Out Settlement

To see this page on The D & O Diary's new website, click here. To go to the home page of The D & O Diary's new website, click here.In prior posts (most recently here), I have written about the increasing importance of opt-out settlements in…

Rank this Week: 1268

The D & O Diary

News and commentary on Directors and Officers Liability. By Kevin M. LaCroix.

http://www.dandodiary.com/

Sep 25
Ongoing SEC Investigation is a “Claim” Sufficient to Trigger Prior Claim Exclusion

Ongoing SEC Investigation is a “Claim” Sufficient to Trigger Prior Claim Exclusion

In an insurance coverage dispute arising out of the high-profile and long-running SEC investigation of and enforcement action against the investment firm Patriarch Partners and its CEO Lynn Tilton, a federal district court judge has ruled…
Sep 24
D&O Insurer Must Continue Defense Expense Reimbursement Post-Merger

D&O Insurer Must Continue Defense Expense Reimbursement Post-Merger

An acquired bank’s D&O insurer’s defense cost obligation to the bank’s directors and officers in connection with merger-related litigation continued after the merger transaction closed and was owed to the acquiring bank,…
Sep 19
Guest Post: Surge in ERISA Fee Litigation

Guest Post: Surge in ERISA Fee Litigation

The last couple of years have seen a wave of ERISA suits aimed at 401(k) plan sponsors and targeting plan fees. In the following guest post, Rhonda Prussack, Head of Fiduciary and Employment Practices Liability at Berkshire Hathaway Specialty…

Rank this Week: 417

The Finn Blog

Covers structured settlements and related products and services from the insurance and legal communities.

http://www.finnfinancialgroup.com/learn-more/blog/

Aug 31
The Interest Rate Dance

The Interest Rate Dance

August 31, 2017 – Ever since the global financial near-apocalypse of 2009 caused everybody everywhere to rethink everything we thought we knew about money, saving, the market, investing, et cetera, I’ve noticed a pattern here in…
Aug 21
Future Income Balancing Act

Future Income Balancing Act

August 21, 2017 – A lot of people pretend to know a lot about retirement income planning. But few are truly as knowledgeable on the subject as Dr. Wade Pfau, Professor of Retirement Income at The American College and retirement…
May 22
Warren Buffett Talks Structured Settlement

Warren Buffett Talks Structured Settlement

Berkshire Hathaway’s 2017 Annual Meeting Excerpt Warren Buffett Knows (and Likes) Structured Settlements May 22, 2017 – Earlier this month, attendees of Berkshire Hathaway, Inc.’s Annual Meeting witnessed…

Rank this Week: 2429

The Insurance & Reinsurance Report

Covers global insurance and reinsurance law and news. By Goldberg Segalla.

http://www.insurerereport.com/

Sep 12
DFS Partially Clarifies Who Qualifies for an Exemption Under Cybersecurity Regulation

DFS Partially Clarifies Who Qualifies for an Exemption Under Cybersecurity Regulation

By the terms of 23 NYCRR 500.19(e), Covered Entities that have determined they qualify for a limited exemption from compliance under 23 NYCRR 500.19(a)-(d) of New York’s new Cybersecurity Regulation — as of August 28, 2017 —…
Sep 12
“Twisting in the Wind: Covered Agreement Dangling by Uncertainty and Politics,” AIRROC Matter

“Twisting in the Wind: Covered Agreement Dangling by Uncertainty and Politics,” AIRROC Matter

In an article for AIRROC Matters, Frederick J. Pomerantz examines the uncertain status of the “Covered Agreement,” a novel multilateral insurance agreement between the United States and the European Union. Early…
Sep 6
Insurer Scores a Slam Dunk in TCPA Suit Before the Ninth Circuit

Insurer Scores a Slam Dunk in TCPA Suit Before the Ninth Circuit

A recent decision by the Ninth Circuit is sure to catch the eye of insurers for its favorable reasoning rejecting coverage as well as a potential warning sign that policyholders are seeking coverage for Telephone Consumer Protection Act…

Rank this Week: 426

The Mau Law Firm Law Blog

Covers construction, real estate, business and insurance law.

http://maulaw.wordpress.com

Mar 8
Accessory Dwelling Units / In-Law Units Encouraged by New Law

Accessory Dwelling Units / In-Law Units Encouraged by New Law

An ADU, previously known as “in-law” units or “granny flats,” are additional living spaces on single-family lots that have a separate kitchen, bathroom, and exterior access independent of the primary residence. Two…
Feb 18
Check your Lease before Listing a Short-term Rental

Check your Lease before Listing a Short-term Rental

A new law in effect for 2016, requires short-term vacation rental websites such as Airbnb to provide disclosures to tenants. While subletting is often not allowed in rental agreements, and can even lead to eviction, many tenants…
Jul 2
AB-349 Would Allow HOA Homeowners to Install Artificial Turf

AB-349 Would Allow HOA Homeowners to Install Artificial Turf

AB-349 which was approved by the Assembly but is still going thru the Senate committee review process, would amend Civil Code Section 4735 again. The existing law in part prohibits a Homeowner’s Association (“HOA”),…

Rank this Week: 4214

The Official Medicare Blog and…

The Official Medicare Blog and Information Resource

Follows the issues related to Medicare Set Asides and MMSEA compliance. By MEDVAL, LLC.

http://www.medval.com/blog/

Sep 25
Full Medicaid Recovery Coming to a Claim Near You: October 1st

Full Medicaid Recovery Coming to a Claim Near You: October 1st

As we have seen, Medicare Advantage Plans, Military/Governmental Healthcare Providers, and Private Insurers are aggressively pursuing liens with a priority right approach to recovery. We often discuss these entities in the context of…
Sep 5
NEW Workers’ Compensation Review Contractor (WCRC) Contract Awarded

NEW Workers’ Compensation Review Contractor (WCRC) Contract Awarded

Finally, a new Workers’ Compensation Review Contractor (WCRC) award has been issued. This news comes after several months of work being completed by Provider Resources, the incumbent contractor, under an expired contract. …
Aug 3
Settling a Case in Arizona? What You Need to Know About Full & Final Settlement

Settling a Case in Arizona?  What You Need to Know About Full & Final Settlement

Historically, workers’ compensation claims in Arizona have been subject to a number of limitations. If additional medical treatment was needed, a claimant could reopen a claim at any time, despite the finality and resolution of…

Rank this Week: 4302

Florida injury attorney shares in-depth articles telling injury victims how to maximize their accident and injury case settlements and verdicts, and exposes some scams in the industry. Also explains all different types of accident and injury cases, and how those are handled.

http://injuryattorneyflorida.com/

Mar 6
Is Failure To Perform Necessary Surgery Medical Malpractice?

Is Failure To Perform Necessary Surgery Medical Malpractice?

Doctors Who Fail To Perform Surgery: Medical Malpractice? As a medical malpractice lawyer based in Orlando, Florida, one question I hear regularly from potential clients is whether a doctor’s failure to perform necessary surgery is…
Mar 25
Attorneys Fees In Bad Faith Florida Car Accident Case

Attorneys Fees In Bad Faith Florida Car Accident Case

Bad Faith Attorneys’ Fees In Florida Car Accident Cases Sometimes, in car accident cases, an Orlando personal injury attorney needs to prove that an insurance company acted in bad faith against their insured. This can allow their…
Mar 7
Florida Motorcycle Accident Settlement Amount

Florida Motorcycle Accident Settlement Amount

Florida Motorcycle Accident Settlement Values As an Orlando auto accident attorney, I often consult verdict and settlement reporters to help myself and my team to advise clients regarding the possible value of their case. This list…

Rank this Week: 1706

Tucker's Disability Benefits Blog

Covers disability law and disability benefits. By John Tucker.

http://thedisabilitylawfirm.blogspot.com/

Sep 7
Social Security Adds New Conditions to Fast Track Disabilitty Approval Proce

Social Security Adds New Conditions to Fast Track Disabilitty Approval Proce

In July, the Social Security Administration announced that its new "Compassionate Allowances Conditions Fast Track Disability Process" will expand to include 100 Conditions. Social Security Commissioner Michael J. Astrue, announced 12…
Sep 4
Could Proposed Pentagon Plan to Start Military Retirement At Normal Retirement Age Impact VA Disability Claims?

Could Proposed Pentagon Plan to Start Military Retirement At Normal Retirement Age Impact VA Disability Claims?

CBS News is reporting that a Pentagon study is suggesting that one budgetary fix that may help ease deficits is to move the starting date for military retirement pension payments back to normal retirement age. The report on CBS' webpage…
Aug 30
Excellent Tips to Help You Get the Most Out of Your 401k

Excellent Tips to Help You Get the Most Out of Your 401k

Occasionally, I offer information on this blog outside of the topic of disability area that I think may be helpful. A large part of our practice involves ERISA, the Employee Retirement Income Security Act of 1974. ERISA is the…

Rank this Week: 3666

Vegas Personal Injury Law Blog

Focuses on personal injury law and insurance issues in Las Vegas. By Allen A. Cap.

http://vegaspersonalinjurylawblog.com/blog

Aug 22
Physician Assistance on Proof of Wage Lo

Physician Assistance on Proof of Wage Lo

Previously I posted a blog on this subject. Since that time, I don’t believe that much has changed with physician’s offices concerning this subject, so I am revisiting this issue to give health care providers another opportunity…
Jan 8
Nevada Wrongful Death Cases – What Do They Involve?

Nevada Wrongful Death Cases – What Do They Involve?

When I was a rookie attorney, I handled my first wrongful death case. That case involved an engine part that came off a moving car and penetrated the windshield of a vehicle approaching in the opposite direction and hit a front seat passenger…
Jan 8
Nevada Wrongful Death Cases – What Do They Involve?

Nevada Wrongful Death Cases – What Do They Involve?

When I was a rookie attorney, I handled my first wrongful death case. That case involved an engine part that came off a moving car and penetrated the windshield of a vehicle approaching in the opposite direction and hit a front seat passenger…

Rank this Week: 3630

Washington State Insurance Law…

Washington State Insurance Law Blog

Features summaries of recent appellate court opinions on issues of law important to the Washington insurance industry. By Jason W. Anderson.

http://www.washingtoninsurancelaw.com/

Apr 11
Think Tank Gives Washington Insurance Commissioner a 'C'

Think Tank Gives Washington Insurance Commissioner a 'C'

The 'R' Street Institute, a new think tank focusing on free markets, has published its inaugural research project, a state-by-state report card on insurance regulation. The Institute measured states' performance based on fourteen…
Oct 25
No Jury Required at Reasonableness Hearing

No Jury Required at Reasonableness Hearing

The Washington Supreme Court held today in a 6/3 split decision that an insurer is not entitled to have a jury decide the reasonableness of a covenant judgment.
Jul 1
Think Tank Gives Washington Insurance Commissioner a 'C'

Think Tank Gives Washington Insurance Commissioner a 'C'

The 'R' Street Institute, a new think tank focusing on free markets, has published its inaugural research project, a state-by-state report card on insurance regulation.

Rank this Week: 196

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