Brew some coffee. Stock up on the junk food. Forget about sleep.   It’s time for the New Appleman Xtreme Blog Challenge. Beginning July 30, 2009, law students and junior attorneys are invited to enter the Challenge by submitting a blog...

“ Don't be alarmed, we're taking over the ship .”   The words of a Somalian pirate capturing another ship in the Gulf of Aden? Hardly. Those were the words of America’s favorite pirate, Jack Sparrow, as he prepared to commandeer...

Plaintiffs’ counsel are always seeking new avenues from which to recover damages. In my last article, I discussed two recent New York rulings that permitted an insured to bring a breach of contract action seeking consequential damages against an insurer....

Two recent decisions of the Supreme Court of New York, Appellate Division, First Department, may indicate a preference by that court to not deprive insureds of coverage based upon an alleged failure to timely notify an insurer of a potential claim.  ...

"Eight for '08" reviews in an in-depth and readable fashion key state and federal legislative efforts on insurance topics such as catastrophic loss, suitability, bad faith civil liability, health care reform and federal regulatory efforts. The commentary...

We have all seen the CARFAX ads, a staple of televised sporting events. The wrecked car advertised as a car with new paint; the car caught in a hurricane advertised as a car with new upholstery; the car that sustained smoke damage advertised as one hot car....

The 2008 Edition of New Appleman Insurance Law Practice Guide features a new chapter, “Understanding Employment Liability Insurance” by L.D. Simmons and Lowndes Christopher Quinlan of McGuire Woods LLP. This excerpt from the chapter explores one...

The LexisNexis Insurance Center staff has posted a free download containing a portion of the “Understanding Life Insurance” chapter from the New Appleman Insurance Law Practice Guide . The Guide provides not only analysis,...

"It is curious that physical courage should be so common in the world and moral courage so rare." - Mark Twain * * * In the December 20, 2006 issue of Mealey's Litigation Report: Insurance Bad Faith published was our commentary entitled "When...

The Federal Emergency Management Agency, or FEMA, is tasked with responding to, planning for, recovering from, and mitigating against disasters, both natural and man-made. When a disaster, such as Hurricane Katrina, goes beyond state or local capacity to...

UIM Laws Vary   Most states have laws that provide underinsured motorist ("UIM") insurance, which allows the insured to recover damages if he or she is involved in an accident and the driver responsible for those injuries doesn't have...

Reinsurance is insurance that an insurer purchases to protect itself against exposure to large risks. The reinsurance process helps insurance companies spread and share risk against catastrophic loss. By spreading risk, reinsurance allows the insurance industry...

HIPAA is the acronym for a federal law, the Health Insurance Portability and Accountability Act of 1996. HIPAA addresses a wide range of subject areas impacting many aspects of health care and employment. In particular HIPAA concerns the privacy and security...

As the cost of health care continues to rise, and with it the cost of major medical coverage, employers and individuals are looking for more affordable coverage alternatives. Insurers, anxious to meet market demand, have developed several products designed...

Deposition is used for four purposes:   A. To gather facts about the incident at issue; B. To pin the defendant/physician to a position with the hopes he will change his testimony at trial and be impeached (discredited); C. A deposition gives...

When an insurance company retains a lawyer to defend its insured in a lawsuit, a “tripartite” relationship is created between the insurer, the insured, and the attorney retained to represent the insured.  North Carolina courts and state bar...

The sale of various forms of annuity contracts as retirement, insurance and savings products has been a staple in the financial world for more than a century. Indeed, when the Securities Act of 1933 was enacted, Congress was faced with the question of whether...

Self-insurance, in its various forms, has become increasingly common. With the rising costs of insurance, self- insurance has been utilized by many large trucking companies to control rising premiums and also to manage their claims. Read the full article...

The owner of a real estate portfolio buys environmental insurance for all of the properties in the portfolio at an attractive price to protect against future environmental problems. A seller is able to close a deal by paying a one-time premium for environmental...

"We will send that to the Insurance Department." "Let's let the brokers discuss the insurance." These comments comprise the typical discussion when it comes time to analyze the insurance provisions in commercial loan documents and other...

Just starting out in the Insurance Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Insurance Law matters competently. Read on for a quick primer!   Claim: ...

Standard Commercial General Liability ("CGL") policy forms provide coverage for advertising injury liability. Advertising injury is typically defined to comprise certain offenses, such as defamation, invasion of privacy, "misappropriation of...

Updated in 2007, UTBMS Litigation Task Codes are an emerging issue in insurance defense practice. The codes are used by insurers and assigned to certain billable tasks. Outside counsel, who are hired by the insurer to defend an insured, are then required...

Insurance Law has three areas of focus: insurance coverage, insurance defense litigation, and insurance compliance. Insurance coverage actions generally involve an insurer and the insured. The insured is seeking to recover under a policy of insurance, and...

Product manufacturers often face the challenge of responding to tort claims brought by a plaintiff for personal injury damages, and by the plaintiff’s insurer for recovery of monies paid to the insured plaintiff by the product manufacturer. In essence,...

It’s late afternoon when the partner that you report to drops a file on your desk and informs you that the client needs an answer by the end of business tomorrow. The client is an excess insurer that wrote an umbrella insurance policy for a chain...

Paying bills used to be so complicated, and so filled with the unknown. An insurance premium was past due and the insurer had sent a notice of cancellation. The insured wrote a check, stuck a stamp on an envelope, took it to the post office, and hoped that...

Earlier this year I discussed the companion cases of Bi-Economy Mkt., Inc. v. Harleysville Ins. Co. of N.Y. , 886 N.E.2d 127 (N.Y. 2008), and Panasia Estates, Inc. v. Hudson Ins. Co. , 886 N.E.2d 135 (N.Y. 2008), in which the New York Court of Appeals...

The federal judge who has presided over much of the September 11th World Trade Center litigation issued an important decision last month, In re September 11 Litig. , 2009 U.S. Dist. LEXIS 73223 (S.D.N.Y. Aug. 13, 2009), concerning the plaintiff lessee of...