In Arizona, the “Prejudice” Rule Applies to Late Lawsuits Filed Against Insurance Companies

Kenneth Kan – May 19, 2014 In my previous blog I discussed how in Arizona, if a policyholder submits a claim that is deemed late, the insurance company cannot deny the claim on that basis unless it can show actual prejudice from the delay. Now, what happens when the policyholder files a lawsuit after the… Continue reading In Arizona, the “Prejudice” Rule Applies to Late Lawsuits Filed Against Insurance Companies

Superstorm Sandy May Help Change New Jersey Court View on Recovery of Attorneys’ Fees

Larry Bache – May 17, 2014 Florida law allows first-party claimants to recover attorneys’ fees in the event litigation is required for an insured to be made whole.1 New Jersey has a similar rule with a dramatic difference. New Jersey Rule 4:42-9(a)(6) provides: (a) Actions in Which Fee Is Allowable. No fee for legal services… Continue reading Superstorm Sandy May Help Change New Jersey Court View on Recovery of Attorneys’ Fees

Judge Rejects Flimsy Excuses Re: Expert Disclosure Deadlines

Joshua Fruchter, Esq. – May 8, 2014 Has an adversary ever offered up an outrageous excuse for missing a court-imposed deadline for disclosure of expert testimony? Was the judge indulgent, or did he/she throw the book at opposing counsel? The strict enforcement of deadlines governing expert disclosures against a party with decidedly flimsy excuses for… Continue reading Judge Rejects Flimsy Excuses Re: Expert Disclosure Deadlines

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