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Article 29/07/2022
Insureds may find themselves liable to pay a plaintiff’s attorney’s fees in various contexts, whether by virtue of a statute or contractual provision. If prevailing party attorney’s fees are awarded, a question arises as to whether the fees are covered by the liability insurer defending the suit.
Article 29/07/2022
Governor DeSantis signed Senate Bill 4D (“SB 4D”) relating to building safety into law on May 26, 2022, on the same day he signed Senate Bill 2D relating to property insurance. The bill was proposed and passed following the collapse of the Champlain Towers South condominium in Surfside, Florida in June 2021.
Case review 05/07/2022
In the recent decision of Rayney v The State of Western Australia, the WA Court of Appeal rejected Mr Rayney’s claim for increased damages, in doing so emphasising the specificity of evidence required to establish causation for economic loss in defamation claims and otherwise affirming one of the biggest defamation damages awards in Australia at $2.72 million.
Case review 27/06/2022
In part two of our analysis of Barilaro, we explore some of the interesting and topical questions raised by the decision at a time when Australian defamation law reform is ongoing.
Case review 27/06/2022
In part one of our analysis of Barilaro, we provide an overview of the circumstances leading up to the decision, including what went wrong for Google as it progressively abandoned all of its defences until it was on the receiving end of one of the most scathing defamation judgments in recent times.
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 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 25/05/2022
Insurers and consumers alike are seeing the emergence of cryptocurrency in their daily lives. As increasing numbers of companies worldwide begin using bitcoin and other digital assets for a host of investment, operational, and transactional purposes, it raises an important question: How is cryptocurrency defined for the purposes of insurance coverage?
Article 26/04/2022
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.
