Insurance Policies: Where Is the Proper Balance Between Limitation of Liability and Adherence to Public Policy

Cheryl Shoun | Nexsen Pruet | June 11, 2019 It is well established that policies of insurance are contracts, subject to basic contract law. While parties are generally permitted to contract as they wish, such privilege is not absolute in the context of insurance; required coverage may not be omitted. Rather, statutory obligations relating to… Continue reading Insurance Policies: Where Is the Proper Balance Between Limitation of Liability and Adherence to Public Policy

Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

Michael Ciamaichelo | White and Williams LLP | June 11, 2019 Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. When a property owner knows or should know about a condition that poses a risk of danger to neighboring properties, the property owner must exercise reasonable care to make… Continue reading Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

How Blockchain and Smart Contracts will Change the Face of Insurance in the U.S.

Theodore (Ted) J. Mlynar andRobert M. Fettman | Hogan Lovells | May 23, 2019 In the last several years, we have seen a new crop of digital products and services enter the lexicon of the insurance industry. And with these, inevitably comes a myriad array of insurance regulatory issues. Usage-based insurance, peer-to-peer insurance, machine-learning algorithms,… Continue reading How Blockchain and Smart Contracts will Change the Face of Insurance in the U.S.

What Insurer Conduct Is Prohibited and Considered Unfair Under California Law? A Quick Guide to Holding an Insurer Accountable

Victor Jacobellis | Property Insurance Coverage Law Blog | May 24, 2019 The California Fair Claims Settlement Practices Act outlines specific insurer conduct prohibited and considered unfair to insureds. Identifying prohibited insurer conduct and effectively communicating to a carrier it committed prohibited acts will lead to better claim results. This a better practice than just merely accusing… Continue reading What Insurer Conduct Is Prohibited and Considered Unfair Under California Law? A Quick Guide to Holding an Insurer Accountable

Shifting Liability: A Lesson for General Contractors

Jeanette Luna | Goldberg Segalla | May 13, 2019 Imagine this, you, a general contractor based in New Jersey, just secured a project from one of the biggest retailers to do some work at its warehouse in New York. Given the magnitude of the project, part of the work is subcontracted to another New Jersey… Continue reading Shifting Liability: A Lesson for General Contractors