Articles in Channel: Insurance Law

Gene Patents and Myriad in Light of Prometheus - The Big View, and Comments from Biotech Patent Lawyers on Prometheus, and Myriad

Kirk Hartley
March 22, 2012 13:14

Biotech patent bloggers are starting to weigh in on the Prometheus decision rejecting a claim to a patent for providing medical advice. The Genomics Law Report includes thoughtful commentary  and concludes - I'd say - that Myriad's patent claims are dead in terms of any ability to exclude...

Proper Sinkhole Repair Often Requires More Than Grout; Know Your Rights Under Your Insurance Policy and Florida Statutes

March 22, 2012 13:01

Florida’s landscape has a great propensity for sinkhole activity, which causes extensive damage to policyholders’ property. The Florida Legislature has passed many laws regulating the adjustment and remediation of sinkhole claims.One of the most important sinkhole statutes is Florida...

Apex Deposition Doctrine: New Decision By West Virginia Supreme Court of Appeals

March 22, 2012 13:00

I recently posted about a new article in the Defense Research Institute’s For the Defense publication, addressing the apex doctrine, in which courts have placed limits on depositions of senior executives of corporations and high-ranking government officials.  Shortly after publishing...

More Things You Cannot Do On a Plane

Kirk Hartley
March 22, 2012 11:36

The humor just rolls on in the law -  it's now taken us up to the 15th installment  of "Things You Cannot Do on a Plane ! Prior here.  

First Circuit Adopts Broad Illlinois View Of Insurer's Right To Access Privileged Defense Reports

Mike Aylward
March 21, 2012 22:39

A recurring issue in coverage litigation is the extent to which insurers are entitled to obtain the file of defense counsel in cases where the insurer has either denied coverage or is at least reserving rights with respect to whether certain claims are covered. This is an issue of particular...

How to Avoid Suspicious Theft Claims

March 21, 2012 18:50

Two weeks ago, I wrote about suspicious fire claims. This week, I want to explore suspicious theft claims.Recently, I was made aware of a case were the policyholder had some health issues and went to the hospital for a few days, only to return home to find he had been burglarized. Unfortunately, a...

Don't Forget About D&O Insurance When The Government Subpoena Arrives

March 21, 2012 14:10

By Paul E. Breene and Mark S. Hersh When an investigation is commenced by a federal or state government entity, whether by service of a subpoena or by less formal means, a company should have two standard operating procedures: first, hire excellent and experienced counsel to respond to the...

Class Action Involving Underinsured Motorist (UIM) Coverage: Illinois Federal Court Denies Motion to Dismiss In Case Alleging Illusory Coverage

March 21, 2012 13:00

Do insurance companies charge premiums for coverage that can never be triggered?  That is the essential allegation in Keeling v. Esurance Ins. Co., 2012 U.S. Dist. LEXIS 26998 (S.D. Ill. Mar. 1, 2012).  In my October 4, 2011 blog post, I wrote about a Seventh Circuit decision finding...

Wonderful - U.S. Supreme Court Unanimously Blows Out Medical Patent Claim

Kirk Hartley
March 21, 2012 12:29

Thanks to a unanimous ruling by the U.S. Supreme Court, yesterday was a good day for persons opposed to gene patents. Specifically, many are opposed to gene patents because it's obvious patent thickets will slow disease research as financiers and patent trolls seek to use patent claims and...

Aiding and Abetting Suits Continue to Increase Against Lawyers

Kirk Hartley
March 21, 2012 11:51

 Securities claims continue to intensify against lawyers for their roles.  LAW 360 recently posted stories on  a suit proceeding against Proskauer in connection with Mr.  Stanford's scams.  "[A] fourth suit revived by the ruling alleges Proskauer attorney Thomas...