Disciplined in Sophisticated Defense and Insurance Litigation

April 27, 2016 | Publication| RECENT DEVELOPMENTS IN PROPERTY INSURANCE COVERAGE LITIGATION

William (Bill) R. Lewis, John V. Garaffa

This article was originally published in the Winter edition of the American Bar Association's Tort Trial & Insurance Practice Law Journal, published with permission. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Three years after Superstorm Sandy, litigation continues to wind through the courts. While many cases have been settled through mandatory mediation programs, hundreds of cases are still pending. The courts continue to urge settlement of Sandy cases and issue very short discovery schedules in those cases that do not settle. The courts have also been confronted with allegations that certain expert reports relied on by Write-Your-Own (WYO) insurers and the Federal Emergency Management Agency (FEMA) to deny Sandy claims were improperly altered, leading the judges overseeing Sandy cases in the district courts to hold hearings and FEMA to agree to reopen nearly 144,000 claims.  Read the entire article here.

April 09, 2018 PublicationHARVEY AND IRMA: CIVIL AUTHORITY AND INGRESS/EGRESS COVERAGE

Hurricanes Harvey and Irma have struck the United States causing damage to businesses.  Companies have lost income because their facilities were physically damaged by wind and/or water.  Some businesses may not have been directly damaged but have lost income because they could not access their operations for a period of time due to a government evacuation order and/or water in the area.  If a company’s facilities were not physically damaged, but they could not access their operations, there might be coverage under an insurance policy under civil authority and/or ingress/egress coverage.  This paper will provide an overview of such coverages.

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January 10, 2017 PublicationDON'T WIN THE BATTLE AND LOSE THE WAR: PRESERVING ERROR FOR APPEAL (AND WHY YOU NEED AN APPELLATE LAWYER)

Errors will happen during litigation and at trial. They are simply inevitable. Many of them will be harmless. But when the error is harmful, a trial lawyer’s nightmare is finding out (too late) that the error was not preserved for appeal.

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February 10, 2016 PublicationClarifying the Standard Employee Exclusions in Commercial Automobile Policies

Motor carriers run the gamut from single owner-operators making purely intrastate hauls to large companies operating hundreds of tractor-trailers making long interstate hauls. Whether large or small, however, all motor carriers have several incentives to treat the drivers of their trucks as independent contractors instead of employees.

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September 02, 2015 PublicationTime Element Coverages in Business Interruption Insurance

Generally, business interruption insurance is designed to compensate an insured for its actual business interruption losses resulting directly from physical damage by a peril insured against to the insured's covered property. Business interruption insurance is tied directly to a first-party property policy's coverage for physical damage to the insured's property. It is not standalone coverage and its purpose is not to compensate the insured for any and all negative effects on its business that may result from a covered peril.

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Key Points
Author CASE TYPE
  • Coverage - Property
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