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In NY, insurers cannot recoup defense costs absent express policy provision – do other jurisdictions agree?
The New York Appellate Division, Second Department held that, absent express policy language, an insurer is not entitled to recoup defense costs despite a determination that the insurer had no obligation to defend or indemnify the insureds. The insurer reserved its rights to seek reimbursement of the defense costs it paid, but the court found that because the policy did not contain language allowing for recoupment, permitting the insurer to do so would essentially create a contractual right not provided for in the policy.
We are pleased to announce a scholarship program aimed at increasing diversity within the insurance industry.
In a recent unanimous decision, the New Jersey Supreme Court in Flanzman v. Jenny Craig, Inc., 244 N.J. 119 (2020), reversed the Appellate Division’s ruling and enforced the parties’ arbitration agreement. In Flanzman, the plaintiff signed an “Arbitration Agreement” in connection with her employment with Jenny Craig, Inc., which provided, in part, that “all claims or controversies arising out of or relating to Employee’s employment, the termination thereof, or otherwise arising between Employee and Company shall, in lieu of a jury or other civil trial, be settled by final and binding arbitration.”
Kennedys has continued its growth in the United States with the opening of its first West Coast office, in San Francisco, and the addition of a four-partner team.
We are delighted to confirm the promotion of thirteen lawyers to our partnership across practice areas including commercial, employment and healthcare, as well as specialist areas of insurance and liability that include cyber, property and construction, professional liability, travel, abuse and fraud. Eight of those promoted are based in the UK, with four in the US and one in Australia. Our worldwide partner count is now 264.
In Shields v. Ramslee Motors, No. A-53-18, _N.J. _ (2020), the New Jersey Supreme Court addressed the issue of whether the owner of a commercial property owes its tenant’s invitee a duty to clear snow and ice from the property’s driveway while the property is in the sole possession and control of the tenant.
We are pleased to announce that we have continued our growth in the United States with our relocation to a new, larger office in Philadelphia, and the addition of Louis Kozloff as partner and associate Thomas Seery.
British people are the least supportive nation in their attitude towards driverless cars, or indeed any form of autonomous vehicle (AV), according to a study across six territories (United Kingdom, United States, Australia, China, Singapore and Hong Kong).
A reversal of the Appellate Division’s “bright line” prohibition on expert testimony suggesting that a plaintiff magnified her symptoms; the Supreme Court’s rejection of an expert opinion on causation as a net opinion; and a holding that a party witness’ specialized knowledge did not require him to be identified as an expert witness are recent interesting cases regarding the admissibility of expert testimony in New Jersey.