Summer Craig and Susannah S. Geltman | Simpson Thacher 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 invalidate,… Continue reading In Review: the Legal Framework for Insurance Disputes in USA
Category: Insurance
Florida Supreme Court: Insurers can Sue Attorneys for Malpractice Under Subrogation Provision
Victor Sanabria and Francis Sheppard | Rumberger Kirk The Florida Supreme Court has given the proverbial “green light” for insurance companies to sue attorneys for negligent representation of an insured. Historically, to bring an action against an attorney for legal malpractice in Florida, the party making the claim was generally required to allege and prove… Continue reading Florida Supreme Court: Insurers can Sue Attorneys for Malpractice Under Subrogation Provision
How Forum-Selection and Choice-of-Law Provisions in Insurance Policies Can Affect Coverage
Jeffrey Mikoni and Matthew Putorti | Policyholder Pulse Location matters. Some states are more protective of policyholder or consumer interests than others. And so, where the case is ultimately litigated, and what law applies, can have profound implications for a policyholder’s recovery. In an effort to secure the application of a body of jurisprudence they… Continue reading How Forum-Selection and Choice-of-Law Provisions in Insurance Policies Can Affect Coverage
Expansion of Premises Liability for Construction Owners
Marcus Miller and Ryan T. Kinder | Bradley Arant Boult Cummings A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner, generally, has very little control or knowledge of all the… Continue reading Expansion of Premises Liability for Construction Owners
At a Glance: Construction Contracts and Insurance in USA
Michael S Zicherman and Robert S. Peckar | Peckar & Abramson Contracts and insurance Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? Many different form contracts are utilised.… Continue reading At a Glance: Construction Contracts and Insurance in USA