Insurance Issues from the Trial Lawyer's Perspective - Roach
"Strategic Pretrial Choices in Coverage Cases," Insurance Law Institute, ... " Claims-Made Policies: Current Issues," Insurance Law Institute, University of Texas, ..... put insurers on notice of a claim against the client- .... Typically, a cut- through allows the insured to assert .... involving coverage within an alternate section of the.
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Insurer Litigation Guidelines: Ethical Issues for Insurer-Selected and
Mar 3, 2012 ... ABA Section of Litigation 2012 Insurance Coverage Litigation ..... Examples ... New York law and criticizing cases that imposed a broader right to ... a duty to indemnify against some or all claims asserted in the suit as creating a conflict.24 .... For example, if the policyholder is sued on alternative theories of ...
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recent court decisions of relevance to contract documents - National
Issue: Project Owner's right to pursue claims directly against Engineer's ... “ imperfect” statement of the legal theory of recovery. ... beneficiary of contract theory. ... Colorado insurance case, Friedland, had created a requirement that the insurance ... relationship with Mortenson, or about other project issues or payments.
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CERCLA Choice-of-Law: Insurers' Attempts to Escape Their Own
insurance companies in indemnification suits is not based on CERCLA, but on state law. ... which state law the presiding court applies to the case. ..... L. 1, 80 ( 1995) (discussing choice-of-law issues in environmental ... ambiguous and be construed against the insurer, triggering .... CURRENT CHOICE-OF-LAW THEORIES.
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Case: 4:10-cv-01890-CEJ Doc. #: 443 Filed: 03/07/16 Page: 1 of 13
Mar 7, 2016 ... Fidelity National Title Insurance Company (Fidelity), was required to provide defense ... of Captiva and against Fidelity in the amount of $6,919,141.20. ... The case implicated a number of issues, including the formation and .... on different legal theories and facts, and counsel's work on one claim is unrelated.
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Insurance and Reinsurance Bad Faith Issues in Workers
Bad faith claims by employers against insurers;. 7. Bad faith ... bad faith claims, the sole theory of recovery against insurers lay in a ... given case, the statutes and case law of the state where the case is .... merely created an alternate remedy so that henceforth, the courts and ... assert workers' comp bad faith claims. Notrica v ...
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The Judiciary Says, You Can't Have It Both Ways - Digital Commons
Nov 1, 1996 ... to assert that X is not an employee of Y so X may recover against. Z? Suppose that ... proceeding.4 Although it is an obscure legal doctrine, judicial es- toppel, like ... under 42 U.S.C. § 1983 of federal issues arising in state court proceedings. 9. ..... Recent cases provide support to explain the difference be-.
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Jury Verdicts in Insurance Bad Faith Cases - McGeorge School of Law
public policy issues pending before the Legislature. .... Under current law, an insured can recover in tort or contract against his or ... Both the prevalence of punitive damages in insurance bad faith cases and .... asserted by the insured against his or her insurance company for breach of the .... In addition, economic theory.
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Drafting And Enforcing Complex Indemnification - K&L Gates
sionally discussed, this article will not focus on case law. Instead ... and related insurance issues will also be included. Many of the examples used relate to the sale of a business ... ALTernATIVes To IndemnITy • A buyer ... claim, a guarantee from the parent or a tort theory against the parent, a plaintiff asserting a contrac-.
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recent cases involving limited liability companies - Baylor University
The volume of case law overtook the author's ability to prepare a comprehensive survey ... Additional disputes and issues arose, and another suit was filed. In an.
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JUDICIAL OPINIONS INVOLVING HEALTH INSURANCE COVERAGE
issues—disputes regarding the “medical necessity” of treatment or its. “ experimental” or ... A recent example of this genre is an ambitious, methodologically ..... cons of, and alternatives to, studying coverage law through reported cases. II. ..... health insurers often assert proprietary interests in their coverage standards. 47.
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The Direct Action Against Insurers in CERCLA Insolvency Cases: An
issues. Much has been written, both by the courts and commentators, as ... CERCLA Claims: The Process and the Alternatives, 12 VA. ENVTL. ... Similarly, the law of insurance with respect to environmental liabilities ... provision and its current scope. .... asserted directly against any guarantor providing evidence of financial.
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AN OVERVIEW OF EMPLOYMENT PRACTICES LIABILITY
Employment Practices Liability Insurance (EPLI) covers companies against claims or lawsuits ... EPLI Costs and Triggering of Claims and Other Coverage Issues ... A recent case on the definition of a claim under an EPLI policy caused temporary panic ... [violation] of any federal, state or local law that concerns employment.
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Nonmalpractice Claims Against Health Care Providers
malpractice legal theories against health care providers and (2) medical marijuana law. ... address some of the most recent reported cases in a number of states, in- ... Among other issues on appeal, the physician argued that all of plaintiff's claims .... lyzed a wrongful death claim by a patient's estate, which asserted theories.
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The Professional Responsibilities of Insurance Defense Lawyers
In stark contrast to law professors, practicing lawyers under- stand well ... Keeton, Ancillary Rights of the Insured Against His Liability Insurer, 13 VAND. ... current edition. ... Does Insurance Defense Counsel Represent the Company or the Insured?, 72 TEX. L. .... defendant's attempt to waive the asserted conflict of interests).
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Private Data Security Breach Litigation in the United - Ropes & Gray
attention to further developments in the case law and their implications for ... from the breach, but instead premise their claims on alternative theories of injury, such as ... Added together, injury and damages issues account for a significant portion ... Common to almost every cause of action plaintiffs assert against breached.
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Developments in Liability Theories and Defenses - CUA Law
issues being litigated. ... case analysis. Input of faculty who specialize in torts, evidence, insurance, profes- ... desire. As might be expected given the case law, courts are .... Supreme Court and the federal courts of appeal which is current to September 1988. ...... tort theories which have been asserted against churches. As.
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White Paper on Insurance Disputes
uses of alternative dispute resolution processes in these various scenarios. ... persons asserting the claim against the insured are not parties to the ... down certain testimony in a deposition, test legal theories with a motion to dismiss or for ... of the case and the issues to be appropriately involved in the process and make a ...
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Civil Procedure Outline - NYU School of Law
Judges are on charge of legal issues (as general rule). ... Judge does not develop legal theories for a case. ... In cases involving federal law (original jurisdiction or diversity) it is possible ..... o Did the state authorize an assertion of jurisdiction? ..... moved to MN and brought suit against insurance co. in MN because MN law.
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A Response to Professor Squire's Article, How Collective
ABSTRACT. In his recent article, Professor Richard Squire offers a provocative theory ... Squire's claims and the issues that would arise if a segmented settlement scheme ... excess insurers are allowed under the existing policy language and law to .... insurer has the right to settle cases asserted against the policyholder.
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