LexisNexis® Legal Newsroom
Goldgerg Segalla’s Reinsurance Review – May, 2010

IN THIS MONTH'S EDITION: In a 5-3 Decision, Supreme Court Vacates Second Circuit Decision Permitting Class Arbitration Where the Arbitration Agreement Was Silent on the Issue Eleventh Circuit Confirmed that Arbitrators' Award Providing An Equitable Lien Does Not Violate the FAA Second...

Kevan Hirsh Of Kaplin Stewart On Punitive Damages In Bad Faith Insurance Disputes

Kevan F. Hirsch has developed expertise in defending bad faith claims against carriers, and regularly represents two insurance groups in actions brought directly against the companies in this region. He has represented insurers and insured in complex commercial lines coverage actions and financial disputes...

Kevan Hirsh Of Kaplin Stewart On E-Discovery In Bad Faith Claims

Kevan F. Hirsch has developed expertise in defending bad faith claims against carriers, and regularly represents two insurance groups in actions brought directly against the companies in this region. He has represented insurers and insured in complex commercial lines coverage actions and financial disputes...

Kevan Hirsh Of Kaplin Stewart On E-Discovery In Bad Faith Claims

Kevan F. Hirsch has developed expertise in defending bad faith claims against carriers, and regularly represents two insurance groups in actions brought directly against the companies in this region. He has represented insurers and insured in complex commercial lines coverage actions and financial disputes...

Guest v. Allstate Insurance Co.: Client-Caused Conflict Is Not a Profit Opportunity

By William T. Barker, Partner, SNR Denton In Guest v. Allstate Insurance Co. , No. 31,602 (N.M. Oct. 25, 2010), Allstate first agreed to indemnify its counsel against a third-party lawsuit, then refused, later agreed again, and then got into a dispute about protecting counsel's malicious prosecution...

Supreme Court Denies Petition To Review Ruling In Asbestos Coverage Lawsuit

WASHINGTON, D.C.- (Mealey's) The U.S. Supreme Court on Nov. 30 denied an insurer's petition for certiorari seeking review of the Second Circuit U.S. Court of Appeals' ruling that a 1986 injunction issued in asbestos manufacturer Johns-Manville Corp.'s bankruptcy proceedings does not apply...

Insurer Need Only Respond to Risk It Agreed to Insure

By Barry Zalma, Attorney and Consultant In Seneca Insurance Company, Inc., Plaintiff-Appellant-Respondent v. Cimran Co., Inc., et al., Defendants-Respondents-Appellants. , No. 9226 (N.Y.App.Div. 04/09/2013), [ enhanced version available to lexis.com subscribers ], the parties brought an appeal that...

Bullivant Houser Bailey: Attorney-Client Privilege Analyzed by Idaho Federal Court in Insurance Company's Bad Faith Case

By Matthew E. Hedberg , Bullivant Houser Bailey PC In an opinion issued April 3, 2013, the Idaho federal district court held that when an attorney participates in the investigation of a claim and provides coverage advice, the facts gathered by the attorney may be discoverable in a bad faith lawsuit...

Judge: World Trade Center Properties Cannot Recover Against Aviation Defendants

NEW YORK — (Mealey’s) World Trade Center Properties LLC and its holding companies’ $4.09 billion insurance recovery stemming from the Sept. 11, 2001, terrorist attacks corresponds to and offsets their maximum potential tort damages recovery of $2.8 billion, a New York federal judge...

Rx For Litigation: New Inpatient Rule May Lead To More Medical Malpractice Suits

Our circumstances are often defined by fateful decisions. Those decisions can be our own, those made by others (with or without our knowledge or consent), or both. That’s particularly true with regard to our personal health. You climb a wonky ladder to adjust a second-story TV antenna, for example...

December Publication for Insurance Law’s Authoritative Source! New Appleman on Insurance Law Library Edition, Volume 12 – Litigation, Arbitration and Settlement

The New Appleman on Insurance Law Library Edition will launch its new Volume 12 in December. It is devoted to litigation, arbitration and settlement of insurance coverage disputes and is written by nationally known experts in insurance coverage litigation, including Laura A. Foggan , Lorelie S. Masters...

Insurance & The Absolute Litigation Privilege – Lawyers Are Obligated To Vigorously Defend Their Clients

No one likes to lose a lawsuit. Unable to accept that the case they brought was not viable or their own lawyers were incompetent, the losers strike out at whoever they can strike at, usually, the lawyers for their opponents. Lawyers are required, by their oath, to vigorously act for their client and...