June 7, 2016
Applying New York law, the United States Court of Appeals for the Second Circuit held that there was no advertising injury indemnity insurance coverage for nearly $35 million in judgments against an off-price luxury goods vendor, insured Ashley Reed Trading, …
June 2, 2016
During my first decade of practicing law in Texas, I enjoyed a good professional relationship with Texas Governor Greg Abbott. In those days, Abbott, who is my age and earned his law degree one year after me, was a young …
May 12, 2016
The Future Of Auto Insurance In No-Fault States In its widest sense, “no-fault insurance” is a term used to describe any auto insurance coverage under which policyholders are paid for personal injuries and property damage they sustain in accidents through …
April 7, 2016
Imagine beginning your day with a cup of coffee in the car on the way to work, watching the morning news from a holographic projection on the windshield while making notes in preparation for a 9:00 a.m. meeting. All this …
April 1, 2016
The highest New York state court has ruled that disputes over workers’ compensation insurance payment agreements between National Union and three California-based employer insureds must be decided by arbitration under arbitration clauses of those agreements and the Federal Arbitration Act …
March 8, 2016
A California intermediate appellate court has reaffirmed that a client’s professional negligence claim against his or her property/casualty insurance broker is freely assignable. It held, also, that the assigned rights are enforceable in court by the assignee without proof that …
March 3, 2016
As someone whose childhood winter chores included shoveling the roof, I have an intimate familiarity with the concept of the potential for roof collapse from the weight of excessive snow and ice. Winter storms this season have produced all-time record …
February 17, 2016
A U.S. district court in Missouri has rejected a policyholder’s strained interpretation of an “owned vehicle exclusion” standard in the underinsured motorist (UIM) coverage of automobile policies. The case, filed January 22, 2006, is entitled Walker v. Progressive Direct Ins.Co., …
February 4, 2016
Many years ago, a lawyer argued that the long-standing Texas rule prohibiting recovery of damages for loss of use of personal property, unless the property was a total loss or destroyed, was unfair. City of Canadian v. Guthrie, 87 S.W.2d …
January 21, 2016
A verbal altercation that turned into a physical confrontation between two men on May 23, 2010, in Portland, Maine led to the recent Supreme Court ruling to affirm a trial court’s decision to uphold an insurer’s summary judgment. After William …