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John Green
over 7 years ago
Insurance Law
Insurance Law
California Supreme Court: Insureds May Freely Transfer Insurance Rights
In 2003, the California Supreme Court ruled, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated...
Randy J. Maniloff
over 7 years ago
Insurance Law
Insurance Law
Babcock & Wilcox v. American Nuclear Insurers: Why Insurers Are The Real Winners In Pennsylvania High Court’s Adoption Of Arizona’s Morris Rule
Justice Stanley Feldman (Ret.) Of The Arizona Supreme Court -- Author of Morris -- Provides Comment [Disclosure: I, along with two colleagues, filed an amicus brief with the Pennsylvania Supreme Court, in Babcock & Wilcox Company v. American...
Neal Gerber Eisenberg
over 7 years ago
Insurance Law
Insurance Law
California Joins the Majority – Henkel No Longer a Bar to Post-Loss Assignments
By Jason Frye , Associate, Neal, Gerber & Eisenberg LLP The California Supreme Court has issued its long-awaited ruling in Fluor Corp. v. Superior Court of Orange Co . and held that California Insurance Code section 520 – a statute tracing...
Steptoe & Johnson PLLC
over 7 years ago
Insurance Law
Insurance Law
PA Supreme Court Rules Insured May Enter Settlement Despite Insurer’s Objections
On July 21, 2015, the Pennsylvania Supreme Court in The Babcock & Wilcox Company v. American Nuclear Insurers , No. 2 WAP 2014, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], adopted a variation of the test...
Randy J. Maniloff
over 7 years ago
Insurance Law
Insurance Law
Letter To The Editor: Bill Barker, Coverage Lawyer and Scholar, Says I Got It Wrong About Babcock & Wilcox
In the August 26th issue of Coverage Opinions I wrote that, despite the fact that the insurer in The Babcock & Wilcox Company v. American Nuclear Insurers (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com...
Brian Margolies
over 7 years ago
Insurance Law
Insurance Law
Pennsylvania Supreme Court Holds Insured Entitled to Settle Underlying Claim Even Absent Insurer Consent
In its recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers , 2015 Pa. LEXIS 1551 (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Supreme Court of Pennsylvania, deciding...
Bullivant Houser Bailey PC
over 7 years ago
Insurance Law
Insurance Law
California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances
By Andrew B. Downs and Heather J. Zacharia In a sharp U-Turn, the California Supreme Court has decided that rights under liability insurance policies for harm that has already happened are assignable without the insurer's consent. In California...
Dianne Saxe
over 7 years ago
Environmental
Environmental Law and Regulation
Enbridge Kalamazoo Oil Spill: State Consent Order
How are major oil spill claims handled in the US? For a fascinating glimpse across the border, Enbridge-consent-judgment is a copy of the multimillion dollar consent order between the State of Michigan and Enbridge over the billion dollar, three-million...
Troutman Sanders
over 7 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
Insurer Did Not Breach any Duty by Settling Claims without Insured’s Consent and Prior to Appointing Counsel
In American Western Door , the Central District of California granted a CGL carrier’s motion to dismiss an insured’s complaint and held that a carrier has the right to settle covered claims without the participation of the insured. American...
Randy J. Maniloff
over 8 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
Ten Most Significant Insurance Coverage Decisions Of 2014 – Insurer Can Litigate Facts Determinative Of Both Liability And Coverage Following A Consent Judgment
The Arizona Supreme Court’s decision in Quihuis v. State Farm Mutual Auto Ins. Co., 334 P.3d 719 (Ariz. 2014), [ enhanced version available to lexis.com subscribers ], answered the following Certified Question from the Ninth Circuit: “Whether...
Jay Shapiro
over 8 years ago
Criminal Law and Procedure
Criminal Law and Procedure Blog
Shapiro on Heien v. North Carolina: Supreme Court's 2014-2015 Calendar Begins with Significant Case Involving Reasonable Suspicion
The new Supreme Court Term began October 6. The first case on the calendar, Heien v. North Carolina, provides the Court an early opportunity to hear argument on a significant search and seizure question: whether a police officer's mistake of law can...
Foley & Lardner LLP
over 8 years ago
Public Policy
Public Policy Law Blog
Telephone Consumer Protection Act Express Consent Narrowed Again
Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the mother-in-law had an...
Foley & Lardner LLP
over 8 years ago
Public Policy
Public Policy Law Blog
Mais Reversed: If You Give Me Your Number, I Can Call It, However I Want
By Michael C. Lueder “If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer...