The Legal Framework for Insurance Disputes in USA

Summer Craig and Susannah S. Geltman | Simpson Thacher & Bartlett All questions The legal framework i Sources of insurance law and regulation The regulation of insurance in the US is primarily performed by the states. In 1945, the US Congress passed the McCarran-Ferguson Act, which provides that ‘No Act of Congress shall be construed to… Continue reading The Legal Framework for Insurance Disputes in USA

California Appellate Court Confirms: Additional Insureds Are First-Class Citizens

Scott Thomas | Payne & Fears Many businesses shift risk by requiring others with whom they do business – e.g., vendors, subcontractors, suppliers, and others – to procure insurance on their behalf by making the business an “additional insured” under the other person’s liability insurance policy.  Unfortunately, insurance companies sometimes treat these additional insureds as… Continue reading California Appellate Court Confirms: Additional Insureds Are First-Class Citizens

A Rundown of Common Mediation Mistakes

Stuart Rudner | Rudner Law In many cases, lawyers are failing to use mediation effectively and doing a disservice to their clients. The good news is that if you choose a good mediator, the vast majority of cases will settle despite the lack of effort and preparation on the part of counsel. However, it often… Continue reading A Rundown of Common Mediation Mistakes

Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context

Marianne Bradley and Anthony Miscioscia |White and Williams On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context. 2019 IL App. (1st) 190926-U, 2019 Ill.… Continue reading Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context

Sometimes a Reminder is in Order. . .

Christopher G. Hill | Construction Law Musings Recently, I was talking with my friend Matt Hundley about a recent case he had in the Charlottesville, VA Circuit Court.  It was a relatively straightforward (or so he and I would have thought) breach of contract matter involving a fixed price contract between his (and an associate of his Laura… Continue reading Sometimes a Reminder is in Order. . .

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