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The articles on our Web site include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice or as an expression of the views of the firm, its attorneys or any of its clients. We hope the articles spur discussion in the legal community with insight into the experience of the authors. We expressly reserve the right in the future to become wiser or simply change our mind.



Insurance Articles

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September 16, 2009 Changing Legal Fees Through Litigation Budgeting

Changing Legal Fees Through Litigation Budgeting

Current economic pressures are changing how lawyers are hired and what legal fees their clients pay.
Spring/Summer 2009

Insurance Coverage for Building Code Upgrades

Tort Trial & Insurance Practice Law Journal (Vol. 44:3-4)
April 24, 2009

Second Circuit Upholds Arbitration Panel's Authority to Award Attorney Fees as a Sanction

In ReliaStar Life Insurance v. EMC National Life, Slip. Op. 07-0828-cv (April 9, 2009), a divided panel of the U.S. Court of Appeals for the Second Circuit affirmed a $3.8 million award of attorney fees as a sanction for bad faith in an arbitration.
April 21, 2009

Insurance Companies On Offense

Financial Services Law360, Securities Law360, & Insurance Law360 by Portfolio Media
In the wake of the current financial crisis, large multiline insurance companies find themselves defending the Directors and Officers and Errors and Omissions policies issued to financial companies and the individual directors and officers.
Spring 2009 Reserve And Reinsurance Information: Is It Discoverable?

Reserve And Reinsurance Information: Is It Discoverable?

The Brief
In almost every large insurance litigation, inevitably a dispute over whether insurance loss reserves and reinsurance information are discoverable will occur. Not surprisingly, insurers and insureds have diametrically opposite views.
December 18, 2008

Reinsurance Arbitration Reform: Is It Time For A Mediation Option And A Flexible Discovery Limit?

The insurance industry needs a system for resolving reinsurance claim disputes that is fair, cost-effective and efficient. A review of the literature indicates that the current system of reinsurance arbitration often fails to realize these goals. In a recent survey of reinsurance professionals conducted by the authors, industry participants cited the expense of arbitration as a serious issue and express a desire for tighter discovery limits to control the cost of arbitration.
August 2008 Lessons of the San Francisco Earthquake of 1906: Understanding Ensuing Loss in Property Insurance

Lessons of the San Francisco Earthquake of 1906: Understanding Ensuing Loss in Property Insurance

The Brief - ABA Magazine
At 5:12 a.m. on April 18, 1906, dust and a deafening rumble filled the air of Northern California. Buildings swayed, walls fell, and the world changed in an instant.
April 3-5, 2008

Time Element Coverage

American Bar Association Tort Trial & Insurance Practice Section Committee Annual Spring CLE Meeting
Time element coverages are those where the measurement of loss is tied to a period of time. Most time element coverages are related to business, but there is an analog in the homeowners' policy in the form of the additional living expense coverage.
March 13, 2008 Issues to Watch:  Climate Change Litigation and Insurance

Issues to Watch: Climate Change Litigation and Insurance

Increased property losses are only the beginning. Climate change raises issues across many lines of insurance.
January 3, 2008 Reinsurance:  New York Revisits Follow the Fortunes and Its Bad Faith and Ex Gratia Exceptions

Reinsurance: New York Revisits Follow the Fortunes and Its Bad Faith and Ex Gratia Exceptions

In its recent decision in Granite State Insurance Company v. ACE American Reinsurance Company, the New York Supreme Court’s Appellate Division, First Department, reviewed the scope of the “follow the fortunes doctrine” under New York reinsurance law.
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