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News 23/06/2022
We have reported our highest ever revenue of £286m, up 8% from £264m* the previous year. The most significant growth came in North America, where revenue was up 24% to £55m, following a continued growth period fed by work from new and existing clients, a series of lateral hires and the opening of a new office in Delaware.
News 20/06/2022
Following the publication of The Legal 500 and Chambers USA 2022, Kennedys has seen some impressive rankings in the latest guides to leading law firms and lawyers across the United States.
Article 16/06/2022
A Louisiana intermediate appellate court issued its decision in the appeal of Cajun Conti, LLC et al. v. Certain Underwriters at Lloyd’s, London et al., Case No. 2021-CA-0343, on June 15, 2022. The plurality decision of the court is notable as it is the first appellate ruling in the country to have reversed a trial court’s order in favor of insurers and find coverage under standard commercial property policy language for business interruption loss related to the COVID-19 pandemic.
Article 15/06/2022
The United States Court of Appeals for the Second Circuit rejected the Bellefonte Rule, which reinsurers relied upon to cap liability under certificates of facultative reinsurance for indemnity and expense.
Article 15/06/2022
It is a frequent situation. A contractor obtains a liability policy from an insurer. Down the road, a construction defect claim is asserted, and suit is brought against the contractor. By this point the contractor is no longer in business, with no known valid address, and all reasonable efforts at service of process on the contractor fail. The claimant then moves for substituted service on the contractor’s insurer. Even if the insurer files an objection to the motion for substituted service, the court may focus only on the diligence of the claimant’s efforts to serve the contractor and grant the motion. The insurer is now in the lawsuit.
Article 15/06/2022
Governor DeSantis signed Senate Bill 2D (“SB 2D”), relating to property insurance, and Senate Bill 4D (“SB 4D”), relating to building safety, into law on May 26, 2022. The bill, SB 2D, enacts pro-consumer measures to help alleviate rising insurance costs, increases insurance claim transparency, and cracks down on frivolous lawsuits which drive up costs for all Floridians. It amends certain prohibited advertisement practices for contractors, and reigns in property insurance bad faith litigation and litigation by assignees.
Article 10/06/2022
In 2021, Governor Pritzker signed into law SB 0072, which represented an amendment to the Illinois Prejudgment Interest Statute, 735 ILCS 5/2-1303. The relevant part of the Amendment provides, “In all actions brought to recover damages for personal injury or wrongful death resulting from or occasioned by the conduct of any other person or entity, the plaintiff shall recover prejudgment interest on all damages, except punitive damages, sanctions, statutory attorney’s fees and statutory costs.”
Article 10/06/2022
Federal courts generally have a “virtually unflagging obligation” to exercise the jurisdiction that Congress has conferred to them. Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 817 (1976). But the Declaratory Judgment Act is different. It provides that in “a case of actual controversy … any court of the United States … may declare the rights and legal relations of any interested party seeking such declaration.”
Article 10/06/2022
When one receives surgery, it is common to receive a separate invoice from the physician and the facility. The physician bills for performing the surgery, and the facility bills for providing the products and services necessary for the surgery to be performed. The latter is known as a “facility fee,” which often includes the operating room, drugs, diagnostic tests, scalpels, electrodes, etc.
Article 09/06/2022
The Grieving Family’s Act has passed through the New York Senate and is now set to become law. The amendments to a nearly one hundred and fifty year statute brings significant changes that are likely to increase case value for defendants and their insurance carriers. The key takeaways from the passed bill and what will certainly be a subject of future litigation is discussed in our article.
