6/12/23
By: Donald Patrick Eckler and Jonathan Schwartz
Starting in Spring 2021, Illinois began to allow 6 percent prejudgment interest to accrue in personal injury and wrongful death cases, albeit subject to exceptions and nuances, which we detailed in Down It …
5/24/23
By: Ben Dunlap
In John Moriarty & Associates, Inc. v. Zurich American Insurance Company, the Appeals Court held that an insurer’s failure to pay defense bills after agreeing to defend its insured may be a breach of the insurer’s …
5/9/23
In a closely watched case of first impression, a New Jersey appeals court panel held on Monday that a “hostile/warlike action” exclusion contained in an “all risks” property insurance policy does not bar coverage for nearly …
Important Principle of Insurance Law Reinforced
4/20/23
Applying Florida law, the 11th Circuit in Shiloh Christian Center v. Aspen Specialty Ins. Co., 22-11776, has reversed a district court’s grant of summary judgment in favor of an insurer, instead holding that the subjective …
3/27/23
By Jaemie L. Paraon and Albert K. Alikin
Several states have well-established case law holding that insurance carriers have a right to bring a direct malpractice action against defense counsel they retained to defend an insured, as long as …
3/24/23
The United States Court of Appeals for the Eleventh Circuit, in a per curiam though unpublished opinion, has once again had the opportunity to apply the Supreme Court of Georgia’s holdings in the 2012 decision Hoover v. …
Florida Supreme Court Finds Appraisers Cannot Have Pecuniary Interest in Outcome of Appraisal
2/15/23
By Jessica Cauley and Jonathan Schwartz
The Florida Supreme Court weighed in and resolved a conflict between district courts regarding appraised property claims and held that an insured’s public adjuster, who accepts an assignment on a contingent fee basis, is …
CHATGPT AND COVERAGE B: What Copyright Liability Exposures Could AI Users Face?
2/9/23
By Alexia R. Roney and Matthew F. Boyer
Previously, we introduced you to ChatGPT and the concept of an AI Chatbot application here. This week, we discuss the legal exposure that comes hand-in-hand with the internet – copyright infringement, …