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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …