Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer continued to be bound by a defense agreement entered with the insured who merged with another company. Continental Ins. Co. v. Neles-Jamesbury, Inc., 2023 U.S. Dist. LEXIS 52521 (D. Mass. March 28, 2023). In 1990, Neles-Jamesbury became the sucessor… Continue reading Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured
Category: Insurance
Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie
Lawrence M. Prosen and Josephine M. Bahn | Cozen O’Connor On June 1, 2023, the United States Supreme Court issued its ruling in two consolidated cases concerning the False Claims Act (FCA), United States ex rel. Schutte et al. v. SuperValu Inc. et al., Case No. 21-1326, and United States ex rel. Proctor v. Safeway, Case No. 22-111. The Court’s opinion has substantial implications… Continue reading Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie
Subrogation 101 (and Why Should I Care?)
Clark Thiel and Alexis N. Wansac | Gravel2Gavel What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation?“Subrogation” refers to the act of one person or party standing in the place of another person… Continue reading Subrogation 101 (and Why Should I Care?)
Nondelegable Duty of Care Owed to Third Persons
David Adelstein | Florida Construction Legal Updates Although a personal injury case, the recent opinion in Garcia v. Southern Cleaning Service, Inc., 48 Fla.L.Weekly D977a (Fla. 1stDCA 2023) raises an interesting issue regarding nondelegable duties owed to third persons applicable in negligence actions. Remember, in order for there to be a negligence claim, the defendant MUST owe a duty of care to… Continue reading Nondelegable Duty of Care Owed to Third Persons
A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement
Vincent Fernandez and Shaheen Nouri | Butler Weihmuller Katz Craig The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021). Herman Cole v. Universal Prop. & Cas. Ins. Co., No. 4D22-1054 (Fla. 4th DCA May… Continue reading A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement