Legal Beat

Texas Supreme Court Takes Up Contractual Liability Issue, Again

Justices to Consider Questions Posed in Ewing Construction v. Amerisure One of the most fascinating aspects of writing the Legal Beat Column is that often issues that we discuss here seem to be “finally” decided, only to reappear again. For …

People – East

New Jersey Manufacturers Insurance Company has promoted Treasurer Charles Prall to chief financial officer. He will also serve on the insurer’s board of directors. Being named to the CFO position is an enhancement of Prall’s previous duties, the company said. …

Medicare Liens and Settlements Following United States v. Stricker

Reaching a settlement amount between the carrier and a plaintiff over a personal injury claim is sometimes the easiest part of a settlement where Medicare liens are involved. Medicare is a payer of last resort, which simply means everyone with …

Insurers Win First Round of Climate Change Coverage Litigation

But How Significant Is the Victory? In light of the economic turmoil currently engulfing the United States and Europe, the Republican sweep in the 2010 midterm congressional elections, the various protests going on around the country and the upcoming fractious …

Post-Loss Assignments of Claims Under Insurance Policies

In the settlement of lawsuits involving insured claims, it is not uncommon that one condition of the settlement is that the defendant assign his or her claims under all applicable insurance policies to the party that filed suit. Indeed, it …

‘Loser Pay’ Comes to Texas

Texas Gov. Rick Perry has signed legislation into law commonly referred to as the “Loser Pay Rule.” Immediately, the national press jumped on this new statute as an example of a major step forward in tort reform. However, very few …

Texas Supreme Court Reaffirms Right to Appraisal

The Decision May Lead to More, Not Less, Litigation, However In the wake of Hurricanes Rita, Dolly and Ike, and the inevitable ensuing litigation, many arguments over appraisal provisions surfaced. Most property policies include some form of an appraisal provision, …

Business Losses Due to ‘Action’ by Civil Authorities: When Is There Coverage?

Virtually all insurance policies contain provisions and exclusions dealing with events that most insureds consider so remote and unlikely that they rarely give any thought to their possible occurrence, much less what effect such an occurrence might mean to their …

The Coverage Conundrum in Chinese Drywall Claims

The Latest Mass Tort Unless you live in Florida or Louisiana, or regularly read the Insurance Journal, you may only now be hearing about the latest mass tort craze: Chinese-Manufactured Drywall (often simply referred to as “Chinese Drywall”). The property …

Insurance in Times of Financial Crisis

Legal Issues To Be Aware Of With EPL, D&O and Fiduciary Liability Insurance The current financial crisis affects almost every aspect of our business life — that includes insurance. Businesses need to be wise consumers and aware of the legal …

Legal Beat Archives by Month