Category

Legal and Evidentiary Issues
In National Fire Insurance Company of Hartford a/s/o RX Plus Pharmacy Corp. v. Fair Only Real Estate Corp., Index No., 157143, Judge Nancy M. Bannon of the Supreme Court of the State of New York, New York County, denied defendant’s motion pursuant to CPLR 3126 to dismiss the plaintiff’s claim for damages for injury to...
Too often in cases involving stolen property, subrogating carriers do not look any further than the actual thieves for potential subrogation targets. For a variety of reasons, even if they are identified and apprehended, the thieves may not be viable subrogation targets. However, where the sale of the stolen property can be traced, you may...
Writing Contentions: Every student learns how to “IRAC” in law school, and every lawyer hears repeated lectures from professors, judges, and veteran attorneys on the importance of effective brief writing. All that you have heard and learned should still be utilized in your contention writing for Intercompany Arbitration Forums. Your efforts should not be lowered...
Your standard case involves a loss caused by an insured party. Whether or not that party is actively participating, the carrier is bound by its duty to defend (as defined by California Insurance Code section 533.5(c)), and at least the policy limits can be up for grabs. Of course, in order for that carrier to...
  On February 27, 2015, District Judge Joanna Seybert of the Eastern District of New York issued a significant and informative Decision on the issue of striking a defendant’s affirmative defenses in Allstate Ins. Co. v. Long Island Power Authority, 14-CV-0444, NYLJ 1202719533249 (E.D.N.Y., Decided February 27, 2015). The decision discusses the legal standard for...
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