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Article 26 abr 2022
New appellate perspectives on EIFS exclusions and mixed claims under insurance law
Insurance coverage attorneys often face challenges when seeking to enforce policy exclusions on their clients’ behalf. To that end, New York appellate courts have ruled on certain policy exclusions so often that their enforcement is akin to legal doctrine; yet, some exclusions remain virtually untouched by the higher courts, leaving the respective lawyers for policyholders and insurers alike to battle ardently over the meaning of what are otherwise clear, plain terms.
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Article 24 mar 2022
New Jersey’s Appellate Division reaffirmed the protections afforded by the Charitable Immunity Act where plaintiff could not prove gross negligence
On December 29, 2021, the New Jersey Appellate Division in Bass v. House of Prayer Cogic of Orange, issued an opinion reinforcing the protections afforded to organizations that qualify for immunity under New Jersey’s Charitable Immunity Act.
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Article 16 mar 2022
Dram shop actions: The importance of knowing the jurisdiction’s rules on permitting common-law negligence claims
A significant number of dram shop complaints include allegations of common law negligence in addition to the allegations of the liquor liability under the jurisdiction’s relevant statute.
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Article 9 mar 2022
YosStop: A Warning For Social Media Users
On 29 June 2021, a popular Mexican influencer and youtuber known as YosStop (Josseline Hoffman) was arrested after Ainara Suarez filed an accusation against her for producing, storing and publicizing a video showing the gang rape that Suarez suffered at a party in May 2018, when she was 16 years old.
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Report 9 mar 2022
Navigating the global liability defence agenda
Our global liability and defence group brief, Navigating the global liability defence agenda, was created with our clients in mind. With our legal footprint spanning across 24 countries, our lawyers have first-hand knowledge of global issues impacting our clients. We wanted to provide a snapshot of interesting legal issues we are seeing and share some takeaways we expect will resonate cross jurisdictionally.
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Article 8 mar 2022
The consequences of being even 1% liable when two or more defendants are at fault – the doctrine of joint and several liability
Many defendants who get sued for causing or contributing to an accident in the United States hold the false belief that their exposure is limited to their own percentage of responsibility. However, they often learn, much to their surprise, that despite their seemingly nominal responsibility for the accident, they are liable for the full amount of the judgment pursuant to the doctrine of “joint and several liability.”
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Article 3 mar 2022
Insurance subrogation: common law vs roman law perspective
One important issue which normally arises in commercial contracts, with important repercussions on Policies Coverage, is clauses which limit or even exclude a party’s liability.
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Article 3 mar 2022
New liabilities, new investigations, but the same inflationary pressures
New instructions, New investigations, but same inflationary pressures on costs claims in the UK.
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Article 16 fev 2022
Mending the Gap (in Pleadings): Texas Supreme Court allows for consideration of extrinsic evidence in evaluating an insurer’s duty to defend
The Texas Supreme Court answered certified questions from the Fifth Circuit last week in Monroe Guaranty Insurance Company v. BITCO General Insurance Corporation, carving out an exception to the long-standing “eight corners rule” defining when a liability insurer is obligated to defend its insured in an underlying lawsuit.
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News 31 jan 2022
Response to the safe introduction of self-driving vehicles Law Commissions report
Kennedys responds to the Law Commission of England and Wales and the Scottish Law Commission (the Law Commissions) joint report on the safe introduction of self-driving vehicles.