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Helping to protect clients against excessive fee claim lawsuits

How can you build a defensible position against the surge in excessive fee litigation? ....

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Failure to Satisfy Policy's 'Direct Physical Loss of or Physical Damage to Property' Requirement Causes Restaurant's COVID-19 Business Interruption Claim to Fail | Weber Gallagher Simpson Stapleton Fires & Newby LLP

In Protégé Rest. Partners LLC v. Sentinel Ins. Co., No. 21-16814 (9th Cir. 2022), the Ninth Circuit Court of Appeals, rejected another business interruption claim related to the. ....

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Pa. federal judge throws out lawsuits against insurers over COVID-19 losses coverage

PITTSBURGH – In concurring with other courts nationwide that found COVID-19 and mandatory shutdowns did not cause physical damage to commercial properties, a Pittsburgh federal judge threw out dozens of cases seeking coverage from Erie Insurance Group and other insurers for losses connected to the pandemic. ....

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Under Texas Law, No Tender Means No Obligation To Defend | Cozen O'Connor

The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless the insured complies with the policy’s. ....

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Utah's Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges | Snell & Wilmer

In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech. ....

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