Duty to or Not to Defend? That is The Question. Recent Application of the ‘Eight-Corners Rule’ Under Texas Law in Finding Insurer Had Duty to Defend
Written by: Timothy A. Bishop, Esq. In Siplast, Inc. v. Emps. Mut. Cas. Co., 23 F.4th 486 (5th Cir. 2022), the Fifth Circuit Court of Appeals, construing Texas law, applied the “eight-corners rule” in finding that the insurer had a d
The Turf War Over Personal Data Continues
Written by: Richard Sheinis, Esq. As many of our readers know, the transfer of personal data from the EU to countries outside the EU is heavily regulated by the GDPR. Companies that transfer personal data from the EU to the US typically use Sta
Moving Target: Target Statutory Cap on Punitive Damages No Longer Required To Be Plead As An Affirmative Defense
Written by: Lindsay A. Nishan, Esq. and Lauren Spears Gresh, Esq. As attorneys and adjusters participating in litigation in the State may recall, South Carolina Court of Appeals decision Garrison v. Target Corporation sent many defense counsel
“How Long Do We have to Keep This?” Record Retention for Local Law Enforcement Documents
Written by: Rebekah Maddox Ditto, Esq. and Jennifer D. Herzog, Esq. Having the honor to represent numerous local law enforcement agencies we often get the question (usually in response to an open records request but sometimes as a result of a la
Recent Appellate Decisions Interpreting Florida’s Workers Compensation Statute
Written by: Rayford Taylor, Esq. The Hampton case established the mere fact an attorney fee amount has not been established does not prohibit the Statute of Limitations from operating to defeat payment of additional benefits. The Tejeda case
Bad Faith Claims Arising under Claims for UM/UIM Benefits Permitted under New Jersey Insurance Fair Conduct Act
Written by: Kelly P. Corrubia, Esq. On January 18, 2022, Governor Murphy signed Senate Bill 1559, the “New Jersey Insurance Fair Conduct Act” (“NJIFCA”). The NJIFCA creates an individual cause of action for bad faith arising from a c
Siegel – Is the QA Privilege Eroding?
Written by: Joshua T. Reece, Esq. Edited by: Nicole A. Callahan, Esq. At the end of 2021, the Appellate Division, Second Department revisited disclosure and New York’s Quality Assurance (“QA”) privilege in Siegel v. Snyder, No.
S(l)imms Pickens for UM Coverage in South Carolina When At-Fault Driver is Excluded from Insured’s Policy
Written by: Alan R. Belcher, Jr., Esq. USAA v. Pickens, __ S.C. ____, 2021 (Filed August 11, 2021.) In this appeal, the Supreme Court of South Carolina was asked to address the applicability of mandatory uninsured motorist coverage (UM) under a
Privacy Allegations Lead to $18.4 Million in Settlements for Boston Hospitals
Written by: Brock Wolf, Esq. Mass General Brigham Incorporated and its affiliate healthcare providers (“Mass General”) agreed to pay $18.4 million to settle a class-action against the healthcare system. While healthcare providers aro
European Cookie Rules Continue To Evolve
Written by: Richard Sheinis, Esq. CNIL, the French Data Privacy Supervisory Authority, has fined Google 150 Million Euros, and Facebook 60 Million Euros, for having websites that do not make refusing cookies as easy as accepting them. Prior GD