LexisNexis® Legal Newsroom
Reed Smith on An Analysis of West American Ins. Co. v. Yorkville Nat'l Bank:Twenty-Seven Month Delay Not Unreasonable Notice According to Illinois Supreme Court

By Emily E. Garrison, associate, Reed Smith, LLP Few states follow the minority rule that an insured’s failure to give reasonable notice of a claim to its insurer will defeat the right of the insured to recover under a policy. In determining whether notice was or was not reasonable, some states...

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold," the requirement of prejudice, and the duty of...

The Prejudice Caused by Summary Removal After Visa Waiver Admission: What the Third Circuit Missed in Vera and Bradley

"In its decision earlier this month in the case of Vera v. Attorney General of the U.S ., the U.S. Court of Appeals for the Third Circuit held that a woman who had entered the United States at the age of 12 under the Visa Waiver Program (VWP) could be removed without a hearing before an immigration...

California: Does the WCAB’s Application of Equitable Principles Preclude a Predictable Outcome?

Lexis.com subscribers can link to the cases and statutes cited below. Almost 100 years ago, our Legislature was directed to “create and enforce a liability on the part of all employers to compensate their employees for any injury incurred by the said employees in the course of their employment...

Georgia Supreme Court on Padilla, Prejudice: State v. Martinez

"Regardless of the prior erroneous advice from plea counsel, the trial court correctly informed Martinez of the immigration consequences of his guilty plea, and he has therefore failed to prove that he was prejudiced by counsel’s deficient performance." - State v. Martinez, July 13, 2012...

William A. Ruskin: Excluding Prejudicial Demonstrative Exhibits At Trial

By William A. Ruskin Rule 403 of the Federal Rules of Evidence [ enhanced version available to lexis.com subscribers ] governs the admissibility of demonstrative evidence at trial, assuming that evidence is determined to be relevant under Rule 401 [ enhanced version ] . Pursuant to Rule 403, a demonstrative...

Cal. Sup. Ct. on Immigration Advisement in Criminal Cases: People v. Martinez

"[Cal.] Penal Code section 1016.5 requires that before accepting a plea of guilty or nolo contendere to any criminal offense, the trial court must advise the defendant that if he or she is not a United States citizen, conviction of the offense may result in deportation, exclusion from admission...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Texas Supreme Court: Insured’s Settlement Without Insurer’s Consent Covered Insured’s Texas 1-Step: Settle And Skip Insurer’s Consent

As a general rule, when an insured is tardy in providing notice of claim to an occurrence-based liability insurer, the insurer is not relieved of coverage, on such ground, unless it can demonstrate that it was prejudiced by such late notice. This is often-times a high hurdle for the insurer to meet....

CA2 on Coram Nobis, Strickland, Prejudice: Kovacs v. U.S.

"We conclude that a defense lawyer’s incorrect advice about the immigration consequences of a plea is prejudicial if it is shown that, but for counsel’s unprofessional errors, there was a reasonable probability that the petitioner could have negotiated a plea that did not impact immigration...

Noticeable Confusion - "Claims Made" Policies, Late Notice, And When Your Insurer Must Prove Prejudice To Avoid Coverage

By John E. Heintz, John A. Gibbons, and Omid Safa An adverse claim is an unwelcome surprise to any business, particularly those unaccustomed to being sued. A lawsuit is unsettling and brings with it a litany of pressing litigation concerns, which compound the already significant day-to-day burdens...

Maryland Court Holds Prejudice Rule Applies to Claims Made and Reported Policy

In its recent decision in Navigators Specialty Ins. Co. v. Med. Benefits Administrators of Maryland , 2014 U.S. Dist. LEXIS 22631 [ enhanced version available to lexis.com subscribers ], the United States District Court for the District of Maryland had occasion to consider whether Maryland Code §...

Prejudice vs. Racism: Please Don't Confuse the Two

Last week, Inc. interviewed the billionaire, entrepreneur owner of the Dallas Mavericks, Mark Cuban . In light of Donald Sterling , racism was one of the topics covered. Mr. Cuban’s candid and honest response has sparked a wave of controversy: If I see a black kid in a hoodie and it’s...

Insurer Required to Show Prejudice Because the Reporting Requirement in the Policy Conditions Did Not Transform the Claims-Made Policy Into a Claims-Made-and-Reported Policy

NewLife Scis. LLC v. Landmark Am. Ins. Co. , 2014 U.S. Dist. LEXIS 21469 (N.D. Cal. Feb. 18, 2014), [ enhanced version available to lexis.com subscribers ]. In NewLife Sciences , the district court held that the notice-prejudice rule was applicable to a policy that had a condition requiring claims...

California: CIGA Allowed to Force a Deposition of Pro Per Injured Worker 18 Years After Industrial Injury

In Hunter v. Oroville Elementary School , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a deeply divided WCAB panel denied an applicant’s petition for removal and upheld the WCJ’s order compelling a pro per applicant to attend a deposition noticed by the California Insurance Guarantee Association ...

Colorado Supreme Court: No Prejudice Required For “Claims Made” Policy Breach

Tapas: Small Dishes of Insurance Coverage News & Notes In what can hardly be viewed as a surprising decision, the Colorado Supreme Court held in Craft v. Philadelphia Indemnity, No. 14SA43 (Colo. Feb. 17, 2015), [ enhanced version available to lexis.com subscribers ], that, despite late notice...

Florida District Court Issues Key Ruling in Mortgage Foreclosure Case

Previously, Florida appellate courts were strictly enforcing the acceleration requirements in mortgages. In Gorel v. The Bank of New York Mellon , Case No. 5D13-3272 (Fla. 5th DCA May 8, 2015), [ enhanced version available to lexis.com subscribers ], a Florida appellate court has now held that the failure...

California: WCAB Panel Takes Strict, Literal Approach to IMR Appeals

No material mistake of fact exists when IMR reviewer fails to list the actual reports and records reviewed by the IMR physician In Hacker v. County of San Bernardino-Public Health Department , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, held that the WCJ’s findings...

Supreme Court Allows Discussion Of Insurance In Personal Injury Trial

You know the rule of evidence. Mentioning the availability of insurance, during a personal injury trial, is a big N-O. The rule is designed to prevent prejudice in the verdict, which might result if the jury is aware that an insurance company, and not the defendant, will be responsible for paying the...

Supreme Court Addresses Really, Really Late Notice: Like, After Settlement

Tapas: Small Dishes of Insurance Coverage News & Notes An insured settled a case and then gave notice to its insurer. As you may expect, the Supreme Court of Nebraska in Rent-A-Roofer, Inc. v. Farm Bureau Property & Casualty Ins. Co., No. S-14-895 (Neb. Sept. 11, 2015), [subscribers can access...

Do You Know When Your Fee Petition Is Due? The Rocky Road Untimely Attorney’s Fee Petitions Travel

William Dorsey, Administrative Law Judge [fn1], Scott Hardy, Attorney Advisor, OALJ San Francisco A ttorney’s fees and costs often are available under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.S. § 901 et seq.) to lawyers who successfully represent a “person...

CA6 on Padilla, Prejudice...And The National Interest: Lee v. USA

Lee v. USA, June 8, 2016 - "In Pilla we held that no rational defendant charged with a deportable offense and facing “overwhelming evidence” of guilt would proceed to trial rather than take a plea deal with a shorter prison sentence. 668 F.3d at 373. Lee finds himself in precisely this...

How U.S. Immigration Judges Battle Their Own Prejudice

Caitlin Dickerson, New York Times, Oct. 5, 2016 - "One of the immigrants appearing before Judge Dana Marks in a crowded court here was a boat worker from the former Soviet Union who stared in silence as a prosecutor asked about his criminal history. Another was a mother who started praying after...

Supreme Court (6-2) on Ineffective Assistance of Counsel: Jae Lee v. U.S.

Jae Lee v. U.S., June 23, 2017 - "Petitioner Jae Lee was indicted on one count of possessing ecstasy with intent to distribute. Although he has lived in this country for most of his life, Lee is not a United States citizen, and he feared that a criminal conviction might affect his status as a lawful...