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Orrick, Oct. 23, 2017 - "In an issue of first impression, Orrick’s pro bono team has set California law with regard to the financial support of immigrants by their sponsors. In the test case, an abused Fijian wife of a U.S. citizen will be...

In Petersen Arch Ins. Co. , the Central District of California granted the carrier’s motion to dismiss and held that the claimant’s assignee could not pursue a breach of contract claim against the carrier because the claimant did not make...

The Georgia Supreme Court has held that where a policyholder settled an underlying claim without its D&O insurer’s consent, the policyholder cannot sue the carrier for breach of contract or for bad-faith failure to settle. The Court, applying...

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court granted certiorari Dec. 12 in a case that could decide the continued viability of a longstanding precedent that licensing agreements that extend beyond the expiration date of a patent are...

Insurance is, by definition, a contract whereby the insurer, for consideration, agrees to defend or indemnify another against a contingent or unknown risk. For an insurance policy to exist, therefore, the person insured must pay the premium (the consideration...

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In John Doyle Trust, et al. v. Country Mutual Insurance Co ., 2014 IL App (2d) 121238, [ enhanced version available to lexis.com subscribers ], the Illinois appellate court affirmed summary...

An injured worker who was receiving medical treatment expenses and TTD workers’ compensation benefits may not sue her employer’s insurance company for bad faith and to recover unpaid benefits and related damages without first challenging the...

That an employer referred in its Policies and Procedures Handbook to its commitment to provide a safe and health work place for its employees, that the Handbook also stated that safety rules and safe work practices were “not optional,” and...

A plaintiff must prove his damages claim with reasonable certainty by providing sufficient facts and circumstances to allow the fact finder to make an intelligent and probable estimate of the damages sustained. In Crum v. Anonymizer , the Fairfax Circuit...

c Budget & Taxes FL JUDGE SIDES AGAINST STATE IN PENSION CASE: A Florida circuit court ruled last week that Gov. Rick Scott (R) and Republican legislative leaders' decision last year to cut public employee salaries to offset the state's...

THE MISCHIEVIOUS CLASS ACTION Home mortgage lenders are always concerned that their security is appropriately protected by insurance. As a result, by the terms and conditions, of the mortgage the lender keeps to itself the right to compel the borrower...

Arson-for-profit is the most dangerous of all methods of attempting insurance fraud. When an insurer has sufficient evidence to suspect an arson for profit attempt and denies the claim it will expect that the insured will sue the insurer for fraud and...

By J. Wylie Donald You know it is not going well when the court cites the Constitution at you in a breach of contract case. But so it went in DeCosta v. Allstate Insurance Co. [ enhanced version available to lexis.com subscribers ], where the...

By Daniel W. Gerber, Partner, Goldberg Segalla LLP Ivie v. Diversified Lending Group, Inc., Case No. 1:09-CV-751, 2011 U.S. Dist. LEXIS 27680 (W.D. Mich., Mar. 17, 2011) Plaintiff, Ivie, invested $2.2 million in a "guaranteed" 9% interest...

By William T. Barker, Partner, SNR Denton Chapter 8 addresses defenses which insurers might assert in addition to their attempts to negate insureds’ claims that the insurer breached contractual duties ordinarily imposed as part of the duty of...