Defense Counsel’s Billing Records Are Discoverable When an Insured Seeks Payment of Attorney’s Fees for Bad Faith

While one may expect that an insurer opposing an award of attorney’s fees to a plaintiff in bad faith litigation would be entitled to review the billing records of the plaintiff’s attorney, the Florida Supreme Court has ruled that an insurer’s defense counsel’s billing records are discoverable by the plaintiff.

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Where Are Insurance Rates Going in 2016?

By | The Trucking Law Dispatch | April 14, 2016

A knowledgeable Lloyd’s broker once told me that the U.S. property and casualty market was but a boil on the rump of the worldwide insurance industry, meaning that while we in the U.S. transportation industry continually postulate on why and how to attract underwriters, our laser-like focus on insurance rates is a bit misguided; our rates are more dependent on the world reinsurance market and its focus on disasters, natural and man-made.

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Eight Circuit: Under Halliburton II, Defendants Successfully Rebut Fraud-on-the Market Presumption

By | The D&O Diary | April 14, 2016
Eight Circuit: Under Halliburton II, Defendants Successfully Rebut Fraud-on-the Market Presumption

In its June 2014 decision in Halliburton Co. v. Erica P. John Fund, Inc., the U.S. Supreme Court held, among other things, that in order to try to rebut the fraud-on-the-market presumption in order to defeat class certification, defendants can contend that the allegedly corrective disclosure did not impact the defendants company’s share price.

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Court Upholds Coverage Under General Liability Policy for Claim Alleging Failure to Protect Data

By | The Policyholder Perspective | April 13, 2016
Court Upholds Coverage Under General Liability Policy for Claim Alleging Failure to Protect Data

In an encouraging development for insureds, the United States Court of Appeals for the Fourth Circuit held that a health care company’s general liability insurer was required to defend the company against claims stemming from an alleged failure to secure electronic medical records.

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