Showing 1 - 10 of 68
Kennedys has promoted ten lawyers to its partnership. Four of those promoted are based in the UK, with six in the US. Kennedys’ worldwide partner count is now 280.
The Florida Legislature passed comprehensive property insurance reform before the end of the 2021 Legislative Session, which concluded on Friday, April 30. Senate Bill 76 (“SB 76”) represents the latest attempt to curb litigation trends over first-party property claims and curtail the rise of property insurance premiums by limiting the circumstances in which attorney’s fees are awarded to prevailing insureds and imposing pre-suit requirements on plaintiffs.
Last year, the Fifth Circuit became the latest circuit court to endorse snap removal, making it the third circuit court in the country to allow the practice.
Two appeals pending before the New Jersey Supreme Court this year concern availability of automobile insurance coverage when the driver is insured under another insurance policy.
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.
Kennedys continues to deepen its bench of offerings with the addition of partner Jared Greisman to its New York office. He joins from Goldberg Segalla, where he was a partner in the global insurance services team and chaired his first-party property practice.
Over the last year, state and federal courts in Texas have faced the recurring question of whether the Eight Corners Rule in Texas should be reworked to allow the consideration of extrinsic evidence in certain, limited situations, and if so, when.
Florida high court forecloses recovery for extra-contractual damages in first-party breach of contract actions
The Florida Supreme Court recently issued its opinion in Citizens Property Ins. Corp. v. Manor House, LLC, --- So. 3d ----, 2021 WL 208455 (Fla. Jan. 21, 2021), in which it reiterated the long-standing principle that extra-contractual consequential damages are not recoverable in first-party breach of contract actions.
Kennedys is targeting US expansion with the addition of three new partners in two of its East Coast offices. Eric Hiller is joining the firm’s Miami office, bringing with him three associates, while Joshua Mooney and Sean Mahoney join the Philadelphia office.