Insurance Law Center: Civil Practice


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Scott N. Godes on the New York Appellate Division's Recent Decision Rejecting Allocation to the Policyholder for Latent Injury Claims: State of New York Insurance Department Liquidation Bureau v. Generali Insurance Company
A recent New York Appellate Division decision is a breath of fresh air for policyholders. In State of New York Insurance Department Liquidation Bureau v. Generali Insurance Co. , the Appellate Division, First Department, found that insurance companies had to cover all shares of defense and settlement costs related to lead paint claims, and could not pro-rate the costs to the policyholder, even when there were significant periods of time in which the po

By Scott Godes
Counsel, Dickstein Shapiro LLP

Daniel Gerber and Kimberly Whistler on the broad duty to defend potentially becoming broader by including uninsured years and considerations of Federal Court Jurisdiction
One of the fundamental principles recognized in New York regarding insurance coverage is that the duty to defend is greater than the duty to indemnify. The First Department recently expanded this already broad rule by holding insurers, who may have only provided coverage for a small percentage of time, will ultimately be found to cover years the insured did not otherwise have insurance. Moreover, the insured may avoid contr

By Dan Gerber
Partner, Goldberg Segalla LLP

Carrie Cope on Ryan v. Gifford: Delaware Delivers an Unexpected Setback to Backdating Defendants by Allowing Companies' Internal Investigations to Be Discoverable
Until now, the only substantive stock options backdating decisions have addressed motions to dismiss based on demand futility. This left open a key question: how would courts react to discovery disputes in the backdating context?

By Carrie Cope
Partner, Tressler Soderstrom Maloney & Priess LLP

Sandra Tvarian Stevens on Trends in E-Discovery One Year After the Amendment of the Federal Rules of Civil Procedure
In her analysis of Trends in E-Discovery One Year After the Amendment of the Federal Rules of Civil Procedure, Wiley Rein, LLP litigation partner, Sandra Tvarian Stevens, Esq., discusses e-discovery “best practices” and provides practical advice for corporate litigants, in

By Sandra Tvarian Stevens
Partner, Wiley Rein LLP

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