Technology keeps progressing in leaps and bounds. We read that robots or the much- awaited (or dreaded) artificial intelligence are going to take over property claims work in the All Things Internet New World. Unfortunately, there is a “dark side” that...
A. Introduction From causes of action sounding in breach of contract, to improperly earned commissions, to allegations of violations of real estate specific statutes, buyers and sellers have continued to assert claims against real estate professionals,...
Court decisions concerning flood zones designated by the Federal Emergency Management Agency (“FEMA”) often seem to be like someone is reciting the alphabet. “A,” “AE,” “B,” “C,” “D,” “V,” “X,” to name a few. (What happened to E through U are questions...
Medidata Solutions, Inc. provides cloud-based services to scientists conducting research in clinical trials and uses Google’s Gmail as a platform for the company’s emails. While the emails are routed through Google’s computer servers, which also process...
The Supreme Court of Ohio recently issued a decision that bucked the dominant trend among U.S. courts when it comes to CGL coverage for construction defects. In Ohio Northern University v. Charles Construction Services, Inc. — N.E.3d —-,...
In Gen. Re Life Corp. v. Lincoln Nat’l Life Ins. Co., No. 17-2496-CV, 2018 WL 6186078, — F.3d. — (2d Cir. Nov. 28, 2018), the Second Circuit, for the first time, recognized “an exception to functus offico where an arbitration award is...
This article was written by Sanjit Shah.[1] According to Business Insider, thirty states currently allow the use of marijuana for medicinal purposes, and nine permit the recreational use of marijuana.[2] Seven years ago, medical marijuana was allowed in...
This article was originally published on Professional Liability Insurance Newsletter, American Bar Association, Fall 2018. On June 11, 2018, news broke that the local and federal law enforcement officials had arrested 74 people, including nearly 30 in...
Introduction “When will it end?” is a refrain that must be on many liability insurers’ minds when it comes to liability under commercial general liability policies issued decades ago. Many such policies contain anti-assignment clauses, the purpose of...
In a recent case, the United States District Court for the District of New Jersey held that an insured had no duty to defend an insured accused of falsely advertising the origin of its product. Albion Engineering Company, a New Jersey company, was sued...
Liability insurance policies do not provide coverage for injuries resulting from conduct that is “particularly reprehensible.” As a general rule, coverage is barred where the insured had an intent to injure. In most circumstances, courts apply a...
In October 2017, President Trump declared the opioid epidemic a National Public Health Emergency. Three months later, it was confirmed that drug overdose deaths had increased significantly in 2016 to more than 63,600, with more than 42,200 attributed to...
