In legal malpractice actions, in order to establish entitlement to relief plaintiffs are generally required to demonstrate that their attorneys were negligent?that is, that they breached their duty of care. While no expert evidence is required to show that the attorney breached his or her duty of care where the “ordinary experience of the fact

After Sarah Ellyn Farley began working at a law firm in 2004, she became a participant in the firm’s profit sharing plan.  In 2006, Farley married Jean Tobits in Toronto, Canada, as authorized under Canadian law. Shortly after her wedding, however, Farley was diagnosed with cancer and died in 2010.

The profit sharing plan required that,

The New Jersey Supreme Court has ruled that an insurance carrier with an obligation to indemnify and defend an insured has a direct claim for contribution against its co-insurer for defense costs arising from continuous property damage litigation. The court also decided that the contribution claim was not extinguished when the insured gave up its

The U.S. Court of Appeals for the Sixth Circuit has affirmed a district court’s decision that plaintiffs failed to meet their burden of demonstrating that an exception applied to an auto exclusion in a commercial general liability (“CGL”) insurance policy.  

The Case

A Mack truck with an attached tree spade that was owned by a

The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision dismissing a lawsuit alleging that the failure to mention a $1 million self-insured retention (“SIR”) in a certificate of insurance was a material misrepresentation.

The Case

Medical Staffing Network contracted with a hospital to provide the hospital with temporary nursing

A federal district court in Michigan has ruled that an insurance policy’s pollution exclusion barred coverage for criminal charges that were based on an alleged violation of a state-issued air use permit.

The Case

Curtis Metal Finishing Company allegedly operated two zinc-phosphate plating lines at its steel treating facility with a “scrubber” that was offline,

A federal district court in Pennsylvania has ruled that “prior publication” exclusions in a commercial general liability and commercial umbrella liability policies barred coverage of an action against the insured that sought damages for advertising injury allegedly begun before the policies’ inception date.  

The Case

The Navajo Nation sued Urban Outfitters and its wholly-owned and

In recent years, more and more no-fault[1] insurance carriers and health care providers have become parties to an escalating battle over providers’ requests to obtain payment from no-fault insurers for care the providers allegedly provided to injured people (so-called “assigned first-party no-fault benefits”). At the heart of the dispute is State Farm Mutual Automobile Ins.

New York’s Highest Court Grants Reargument in Controversial K2 Case

The New York Court of Appeals has agreed to hear reargument of the controversial decision in which it held that “when a liability insurer has breached its duty to defend its insured, the insurer may not later rely on policy exclusions to escape its

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