One of the most significant recent developments in the commercial litigation arena has been the recent rise of litigation funding.
No year comes to a close without lists of “the top 10″ or “the best of.”
On November 18, 2015, the Obama Administration published final regulations to update requirements for group health plans and health insurance issuers under the ACA, particularly with regard to the changes they can make to the terms of their plan/coverage while retaining their “grandfathered” status.
The Superior Court of Pennsylvania has reaffirmed that the Pennsylvania notice-prejudice rule does not apply to claims-made policies.
Following the Third Circuit’s August 2015 decision in which the appellate court affirmed the Federal Trade Commission’s authority to pursue an enforcement action against Wyndham Worldwide alleging that the company failed to make reasonable efforts to protect consumers’ private information, there have been concerns that other companies experiencing data breaches could be the target of enforcement actions by the FTC and other regulatory agencies.
Failure to Provide Notice of Related Suit and Exclusion for Insufficiency of Escrow Funds Preclude Coverage for Claim Against Insured Title and Escrow Company
An Oklahoma federal district court has held that an insurer properly denied coverage for a lawsuit because notice to the insurer of an earlier suit seeking temporary injunctive relief did not also qualify as notice of the later suit involving the same conduct and seeking damages.
Is an employer or contractor entitled to an extension of time and/or claim for damages in a situation where there are two or more events that have caused a delay, and where the delays caused by such events ran concurrently?
Applying Massachusetts law, a Massachusetts federal court has held that no coverage was available under two claims-made policies because the insured knew before policy inception that a client would bring a claim when the insured failed to perfect an appeal of an adverse zoning decision.
Second Circuit Affirms Applicability of Lower Limit On Liability Pursuant to Endorsement; No Bad Faith Claim
Applying New York law, the United States Court of Appeals for the Second Circuit has held that a claim against a broker-dealer was subject to a $1 million limit on liability, rejecting the insured’s argument that the claim was subject to a $7.5 million limit.
Attention all South Carolina, North Carolina and Virginia property owners!