Rohit Bhat, Natalia Marina Zibibbo, Sue Ng, Olivier André | Freshfields As outlined in Part I, a framework governing the use of AI in arbitration is rapidly taking shape. In this Part II, we explore how emerging principles—responsible use, human oversight, data protection, transparency, and fairness—interact with real-world arbitral practice. Where we set out relevant jurisprudence… Continue reading Principles Guiding the Use of AI in Arbitral Proceedings (Part II)
From Boilerplate to Backbone: Rethinking Arbitration Clauses
Lauren Kaplin J.D., Brianna Gorence and Peter Linken | Freshfields This post is part of a Freshfields series breaking down key aspects of U.S. dispute resolution for international clients and their counsel. In this installment, we examine arbitration clauses—provisions often overlooked during contract negotiations, yet among the most consequential when a dispute arises. Arbitration clauses… Continue reading From Boilerplate to Backbone: Rethinking Arbitration Clauses
When Replacement Cost Coverage Hits an Actual Cash Value Roadblock
Advise & Consult, Inc. A recent Third Circuit decision involving Craig Kimmel and Massachusetts Bay Insurance Company offers a cautionary lesson for policyholders, public adjusters, and coverage counsel handling property claims in New Jersey. The dispute shows how replacement cost coverage can narrow quickly when repairs have not been completed and the insured has not… Continue reading When Replacement Cost Coverage Hits an Actual Cash Value Roadblock
Avoid a Clash over Cash: The Perks of Defining Actual Cash Value in a Policy
Nicholas Smetzer | Zelle Picture if you will a quiet Texas home. It’s unremarkable, cozy, and most importantly for the purposes of this article, insured. All is well at this humble domicile until disaster strikes in one of the many forms that the Texas climate can unleash. The culprit could be wind, water, or hail;… Continue reading Avoid a Clash over Cash: The Perks of Defining Actual Cash Value in a Policy
Sixth Circuit Enforces First-Party Property Policy’s Flood Exclusion for Flood Damage Caused by Eight Inches of Rain
Roben West | Carlton Fields In Express Jewelry Enterprises Inc. v. National Fire Insurance Company of Hartford, the Sixth Circuit Court of Appeals found that a flood exclusion precluded coverage for property damage following a night of heavy rains. The basement of a jewelry store in Dearborn, Michigan, was inundated with high water after the city experienced… Continue reading Sixth Circuit Enforces First-Party Property Policy’s Flood Exclusion for Flood Damage Caused by Eight Inches of Rain