Kean Maynard | The Subrogation Strategist Courts are faced with the difficult task of drawing a line to determine when the failure to preserve evidence becomes culpable enough to permit a judicial remedy. In State Farm Fire & Cas. Co. v. Cohen, No. 19-1947, 2020 U.S. Dist. LEXIS 163681, the United States District Court for the… Continue reading Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions
Category: Insurance
The Ancient “But For” Test Controls Coverage Dispute
Barry Zalma | Zalma on Insurance Additional Insured Endorsement Insures Lessor for Slip and Fall in Parking Lot Serving Property Leased When the use of the property as a gas station / convenience store depended on customers’ ability to ingress and egress through the attached parking lot – even though the lessees’ lease did not… Continue reading The Ancient “But For” Test Controls Coverage Dispute
Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain
Eric B. Hermanson and Austin D. Moody | White and Williams The Connecticut Supreme Court recently addressed whether an insurer has a duty to defend when faced with legal uncertainty as to whether coverage is owed: for example, when there is no Connecticut case law on point, and courts outside of the state have reached… Continue reading Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain
Snapchat This! That Little Green Card is Pretty Important Says One Court
Matthew DeVries | Best Practices Construction Law We live in a world of e-mails, IMs, texts, Snapchats, TikToks, Instagrams and the occasional fax. Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called “Notice”) remains subject to some very strict rules imposed by contract, case law or statute. Notice… Continue reading Snapchat This! That Little Green Card is Pretty Important Says One Court
The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for Indemnification of Insured
Chael Clark | PropertyCasualtyFocus Under New York law, an insurer’s duty to defend ends if it establishes as a matter of law that there is no possible factual or legal basis on which it might eventually be obligated to indemnify its insured. This rule was recently applied by the Southern District of New York in Philadelphia… Continue reading The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for Indemnification of Insured