What are the Boundaries of the Attorney/Client Privilege – Can a Public Adjuster Be a Part of Privileged Communications?

Tamara Chen-See | Property Insurance Coverage Law Blog | November 5, 2019 When an insured disputes coverage or the amount of loss under an insurance policy, it frequently finds it necessary to hire a claims professional – a licensed public adjuster or other claim consultant, or an attorney for assistance. Insurance companies have claim professionals… Continue reading What are the Boundaries of the Attorney/Client Privilege – Can a Public Adjuster Be a Part of Privileged Communications?

New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel

Paul Ferland | Property Insurance Law Observer | October 29, 2019 A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation.  In Otsuka America, Inc. v. Crum & Forster Specialty Insurance Co., 2019 WL… Continue reading New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel

Where Pragmatism and Law Collide

Christopher G. Hill | Construction Law Musings | October 25, 2019 If there is one “theme” to Construction Law Musings, those that read regularly hopefully see that I take my role as counselor to construction companies seriously.  Aside from the fact that litigation and arbitration are both expensive and not a great way for any business, particularly a construction… Continue reading Where Pragmatism and Law Collide

Building a Case: Document Management for Construction Litigation

Robert A. Gallagher, Jane Fox Lehman and Michael I. Frankel | Pepper Hamilton | October 2, 2019 Success in construction litigation often turns less on counsel’s ability to craft legal arguments and more on counsel’s ability to gather, master and present the often complex set of facts underlying the case. In construction matters, most of… Continue reading Building a Case: Document Management for Construction Litigation

The (Usually) Not-So-Difficult Question: Should a Policyholder Ask To Recuse a Federal Judge?

Ian Dankelman | Property Insurance Coverage Law Blog | October 12, 2019 To avoid the appearance of impropriety, the federal judiciary ensures that every case is assigned to impartial judicial officers. Absent a unique circumstance,1 all cases are assigned to a judge based on a random-draw system. Thus, there is usually no way for litigants to… Continue reading The (Usually) Not-So-Difficult Question: Should a Policyholder Ask To Recuse a Federal Judge?