6/16/20
By: Catherine Scott It is a long-settled principle of contract law that an individual who seeks to recover damages under a broken contract will only be allowed to recover a figure sufficient to put that person in the place he or she would have been had the contract been performed. Courts have routinely referred to these types of damages as “benefit of the…
Philadelphia Burdens New Fair Workweek Law to Impact 130,000 Workers & Employers
1/9/19
By: John McAvoy On December 7, 2018, the Philadelphia City Council passed the Fair Workweek Employment Standards Ordinance by an overwhelming margin of 14-3. Effective January 1, 2020, the objective of the Ordinance, which was introduced in June by Councilwoman Helen Gym (D), is to provide more predictable hours, advanced scheduling, among a slew of…
The Effects of the California Wildfires Continue
1/7/19
By: Matthew Jones The California Insurance Commissioner recently issued a press release regarding the extensive insured losses from the numerous California wildfires. Those losses total over $9 billion, and are even expected to rise. The losses span across various lines of insurance coverage, including commercial, residential, personal and commercial vehicles, and agricultural, to name a…
Statutes Affecting Indemnification Agreements in Construction Contracts
11/6/12
By: Kamy Molavi It is quite common for parties involved in construction projects to include indemnity provisions within their construction contracts. In recent years, a majority of states have enacted anti-indemnity statutes that restrict, modify, or invalidate indemnification agreements in construction contracts. With respect to the degree of fault against which indemnity may be barred,…
The Marketing Risks of Insurance Related Litigation
10/4/12
By: Seth Kirby
Nationally syndicated radio host Clark Howard recently targeted auto insurer Progressive in his “Clarkrageous Moment,” a segment in which he expresses his outrage over various topics. In this instance, his outrage stemmed from an auto accident in Maryland that caused the death of Kaitlynn Fisher. Ms. Fisher was insured by
Recent Court Rulings Suggest Homeowners’ Associations May Selectively Enforce Covenants
9/6/12
By: Marc Bardack
In two recent rulings, state trial court judges have rejected homeowner claims against homeowners associations (HOAs) for failing to enforce covenants against a neighbor. These rulings raise the question of whether HOA’s can enforce neighborhood covenants selectively as they see fit. 
In Sugarloaf Residential Property Owners Association, Inc. v. Greenwald, the
Workers Compensation Model to Replace Georgia's Medical Malpractice System?
8/1/12
By: Scott Rees
A recent study of 330 Georgia physicians indicated Georgia physicians are overwhelmingly in favor of proposed legislation to make such a change. Instead of the current legal system in place, the workers compensation model would allow a patient to file a claim for review by a panel. If the panel found
Georgia Supreme Court Expands Diminution in Value Analysis to All Property Damage Claims
7/9/12
By: Seth Kirby
For the last decade, Georgia auto insurers have been required to compensate accident victims for the inherent loss in value that a car suffers when it has been in an accident. This loss is known as diminution in value. Essentially, it is a recognition that a car that has been in