Regular readers of this blog know that I often whine about – er, raise persuasive points about – the recent trend in the courts (especially federal courts) to erode the longstanding pro-policyholder rules of insurance policy construction.
But the situation goes beyond that. The federal court here in New Jersey is now apparently heightening the…
I promise not to discuss COVID-19 in detail in this post. The recent deluge of hot legal takes about the pandemic may be making a lot of people sicker than the virus itself. So, let’s talk about a different, earlier disaster.
Believe it or not, eight years after the winds of Hurricane Sandy struck New…
The fine people who wrote the Federal Rules of Civil Procedure (and their state equivalents) certainly had a sense of humor. FRCP 1, for example, says: “These rules govern the procedure in all civil actions and proceedings in the United States district courts…They should be construed, administered, and employed by the court and the parties…
We had a broker liability case not long ago involving a manufacturing facility on the banks of the Hudson River that got wiped out by Sandy. The client had no flood coverage. We argued that, under the particular circumstances of the case, the broker had an obligation to price the market for flood coverage, and…
New York’s highest court issued an interesting decision last week on the professional duties of insurance brokers. This is a topic of renewed interest following Sandy, as I’m sure that more than a few policyholders will claim that their brokers provided them with insufficient coverage to weather the storm (pun intended). I know, for example…