Insurance Litigation Blog

Get up to date court rulings and decisions that effect the insurance litigation industry, – we strive to provide insight on landmark insurance cases, industry news, and emerging issues.

A Sound Primer on Associational Discrimination Claims and Direct Evidence of Intent
January 2021
The Honorable Sean Cox (E.D. Mich.) recently analyzed an associational discrimination claim in Karakushe v. Auburn Fields Hotel, Inc. 2021 WL 364247 (Feb. 3, 2021) that provides employers with the opportunity to review best personnel practices…read more

The Second Circuit Reverses Summary Judgment Holding More Litigation May Come in State Court Despite Claimant’s Proven Bad-Faith in Pursuing Sandy Claims
January 2021
May litigants avoid the consequences of frivolous litigation by ostensibly splitting claims?…read more

The Attorney Judgment Rule Is A Defense to Malpractice, Not Client Instructions
January 2021
The First Department’s holding in Bison Capital Corp. v. Hunton & Williams, LLP, Slip Op 00082 (1st Dept Jan. 7, 2021) provides an opportunity to review the attorney judgment rule and New York’s Rules of Professional Conduct (RPC) to determine when a client’s instruction may carry the weight of contractual obligations…read more

Legal Malpractice Exposure: Second Department Joins First Department Holding Successor-Counsel In Late-Notice Claims Cannot Avoid Malpractice Claim Irrespective of the Merits of a Motion to Cure- January 2021read more

My 600-lb Life Lawsuits Pit Risk Management Against Policy Language
January 2021
Throughout the COVID 19 crisis, government agencies have warned of increasing cyber-attacks…read more

Artful Pleading Around the Federal Arbitration Act Unlikely To Survive in NY
January 2021
The Southern District of New York’s recent decision in Gilbert v. Indeed, Inc., 20-cv-3826 (Jan. 19, 2021), doubled-down on a growing split between local federal and state courts in employment discrimination matters… read more

The Impact of Unsettled Questions of Law on Declaratory Judgment Actions
January 2021
Two recent declaratory judgment decisions provide the opportunity to review best reservation of rights and declaratory judgment practices… read more