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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

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Allianz and Praedicat Expand Access for Manufacturers to Access a System for Enhancing Product Stewa
A press release yesterday brought news of an interesting next step in the process of increasing the intersections between law and...

Kirk Hartley
Nov 29, 20183 min read
An AI View of Insurance Coverage Litigation
A new aspect of the practice of law is applying AI to sets of cases. That trend is now being applied to insurance coverage cases,...

Kirk Hartley
Aug 9, 20181 min read
Software, Predictive Models, and Discovery Against Insurance Companies
The discovery wars of tomorrow will include plaintiffs seeking access to existing and future analytic and predictive databases and models...

Kirk Hartley
Mar 4, 20161 min read
A New and Valuable Conference at Rutgers – The American Law Institute’s Restatement of t
Rutger’s strikes again as to insurance issues. Online promotion is here, and pasted below for the February 27th conference. Agenda here....

Kirk Hartley
Feb 6, 20152 min read
Magistrate Judge Uncovers Tort System Fraud – by Insurance Company Lawyers and Professional En
Fraud, fraud, fraud. Some days one would think the “f” word is the only word known to some in the insurance industry, and some of their...

Kirk Hartley
Nov 10, 20145 min read
Advice for Independent Counsel on Dealing with Insurer Guidelines
A new article from policyholder counsel at Neil Gerber (Seth Lamden) “offers advice to independent defense counsel (often referred to as...

Kirk Hartley
Sep 10, 20141 min read
Statements During Settlement Negotiations Can Be Used for Many Purposes – Insurance Companies
Rule 408 and analogous state law rules are intended to protect a good faith settlement offer from being used at trial to prove liability....

Kirk Hartley
Aug 4, 20142 min read
Good News for Insureds on Legal Fee Reimbursement – “Washington Federal Court Orders Br
A July 25, 2014 post from The Northwest Policyholder provides good news for insureds, and potentially for defense counsel. The good news?...

Kirk Hartley
Jul 30, 20141 min read
Warren Buffet Companies Take Over Even More of the US Asbestos Risk – New Deal Takes on Libert
Developments continue for asbestos litigation – and insurance coverage for asbestos claims. Warren Buffet’s companies already have been...

Kirk Hartley
Jul 18, 20142 min read
Are “Bad Faith” Claims Against Insurers Assignable Under Pennsylvania Law?
The TortsProfBlog brings news that the Pennsylvania Supreme Court will decide if “bad faith” claims are assignable. More specifics are...

Kirk Hartley
Jul 11, 20141 min read
Conflicts of Interest Between Insurer and Insured in Repetitive Product Liability Cases- A Pharma Ex
Pharma lawyers also have concerns about insurers creating conflicts of interest by mismanaging underlying pharma case that involve...

Kirk Hartley
Jul 9, 20141 min read
Scripps Focuses Attention on Asbestos Litigation and the Delay, Deny, Defend Empire Built by Berkshi
Warren Buffet’s much loved "float" is finally receiving some scrutiny, at least as to the asbestos-generated float. For years, anyone...

Kirk Hartley
Oct 7, 20133 min read
New Jersey Supreme Court Confirms that Insurers Can Bring Contribution Claims Between Insurers in Lo
There is a never ending saga of insurers seeking to redistribute costs, often after having stiffed their insured for many years. Another...

Kirk Hartley
Sep 26, 20133 min read
Settling with Multiple Insureds on less Than All Claims
The March 2013 issue of For the Defense includes an interesting article by Thomas Newman of Duane Morris on choices insurers (and...

Kirk Hartley
Jul 29, 20131 min read
Bankruptcy Court Treatment of Self-Insured Retentions
Policyholder lawyer Scott Godes has provided a link to an interesting ABA article on bankruptcy court treatment of self-insured...

Kirk Hartley
Sep 14, 20121 min read
Insurer Found Liable for Unreasonable and Vexatious Treatment of Its Insured When It Argued the Duty
Insurers never cease to amaze, as illustrated by the recent Seventh Circuit decision in American Safety Cas. Ins. v. City of Waukegan,...

Kirk Hartley
May 10, 20121 min read
UK Supreme Court Adopts “Exposure Trigger” and Rules that British Employers Insurers Mus
Mesothelioma claiming in the UK is generally directed against former employers, as opposed to manufacturers of products. And, employers...

Kirk Hartley
Mar 28, 20121 min read
Virginia Supreme Court Renders Opinion Denying Coverage for Global Warming Claims
The Virginia Supreme Court has held that there is no coverage for underlying global warming claims when the plaintiff alleged intentional...

Kirk Hartley
Sep 22, 20111 min read
Animated Insurance Adjusters – Powerful Parodies
Humorous parodies are powerful. Two from youtube lampoon the supposedly "independent" adjusters who work for insurance companies. This...

Kirk Hartley
Mar 9, 20111 min read
Asbestos Insurance Coverage – Appellate Decision in NY May Cause a look into the Equitas Ploy
A new chapter may be opening in the long-running saga of London Market insurance coverage for asbestos claims. The story to date, in...

Kirk Hartley
Jan 13, 20111 min read
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