Category Archives: Insurance

Insurance And Subrogation Issues

The United States Southern District of Texas, Houston Division, issued an opinion on July 3, 2018, that is not usually relevant to most claims but in case a situation arises where it is relevant, it is good to know.  The opinion is styled, Zurich American Insurance Company a/s/o Precision Castparts Corp. v. Rajwant Kaur d/b/a Lifetime Cargo, et al. This case is before the Court on a Motion to Dismiss for Lack of Subject Matter Jurisdiction.  The motion was denied. Precision Castparts (PCC) manufactures structural castings and forged components and owned a Behringer HBM-540A automatic horizontal bandsaw machine used in its business. Continue reading.. To continue reading this legal news please click Read full information...

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Massachusetts Appellate Court Denies Insurer’s Request to Discontinue or Modify Award of Disability Benefits in Work-Related Car Accident Case

Once you receive an award of workers’ compensation benefits, the process is far from over. The insurer that is required to pay your benefits may seek a modification or discontinuation of your payments. These companies do not always have injured workers’ best interests in mind, and they sometimes resort to complicated tactics to have a claim denied. Our knowledgeable team of Boston workers’ compensation lawyers is prepared to help you protect your right to compensation. A recent claim discussed an insurer’s request to discontinue, modify, or recoup benefit payments to an injured worker. The woman suffered an injury to her neck during a motor vehicle accident that the insurer originally accepted. The employee sought reimbursement for proposed medical treatments, but the request was denied. The worker appealed, and the judge ultimately required the insurer to pay for the treatments as well as to continue paying disability benefits. The insurer appealed, and….. To continue reading this legal news please click Read full information...

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Seventh Circuit Approves Cy Pres Settlement

We previously reported on the uncertainty of cy pres settlements in class action lawsuits. Although the Supreme Court granted cert on the issue, the Seventh Circuit weighed in during the interim by approving a settlement that included a potential payout to cy pres recipients. The case arose out of a million phone calls made to […].. To continue reading this legal news please click Read full information...

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Three U.K. Insurers Hit with Complaints Over Alleged Climate Change-Related Disclosure Omissions

For some time, I have been arguing that climate change-related disclosure is going to be an increasingly hot button issue. Among other things, I have long believed that advocacy groups will attempt to use disclosure-related issues as a way to try to draw attention to climate change policies. On August 2, 2018, in the latest example of advocacy groups focusing on climate change-related disclosures, the non-profit legal group Client Earth filed complaints with the U.K. Financial Conduct Authority (FCA) against three different U.K. insurers. The legal group contends that the insurers’ annual reports failed to meet the requirements of the Disclosure Guidance and Transparency Rules due to the absence in the reports of any climate change-related disclosures.   The group’s August 6, 2018 press release about the complaints can be found here. An August 5, 2018 Financial Times article about the complaints can be found here. The three insurance companies targeted are….. To continue reading this legal news please click Read full information...

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Lawyers E&O Claims from Real Estate

As one would expect in the current financial climate, professional liability insurance claims arising from real estate against lawyers are increasing. A recently released study on legal malpractice claims related to real estate for the 2004-2007 years from the American Bar Association shows a slight increase in claim activity (see here & here). The study points out the obvious: As real estate values have fallen across the country, more individuals and businesses are suing their lawyers for bad results The….. To continue reading this legal news please click Read full information...

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