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New York Preserves Subrogation Rights

The insurer’s right of subrogation is equitable in nature, even if not based in contract. However, since the insurer steps into the shoes of its insured and is limited to the rights of its insured, an integral part of the investigation process is determining what rights the insured has.
August 14, 2023 Litigation Subrogation New York





The Impact of Conflict of Law on Insurance Claims

When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This is often the case for large companies with national operations or markets.
August 8, 2023 Litigation Risk Management

The U.S. Supreme Court’s Latest Term and the Impact on Claims

‘While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list’ may be the most memorable single quote of the U.S. Supreme Court’s most recent term (see National Pork Producers Council v. Ross). But, here, we look at other cases and analyze other quotes that will be of interest and consequence to claims professionals.
August 7, 2023 Litigation

Former Players File Proposed Class Action Against NFL’s Disability Plan

From an outsider’s point of view, life in National Football League appears to be all glitz and glamour. Publicity and notoriety, life-changing money, the opportunity to showcase one’s craft against the sport’s best competition in the world. The list goes on and on. And while some players can successfully adjust to life as regular civilians after they hang up the cleats, others are not so fortunate.
August 7, 2023 Litigation

Follow the Funding

Within the legal community, third party litigation funding (TPLF) is either lauded for its potential to expand access to justice, or decried for how it has further inundated society with lawsuits. Most, though, agree that TPLF has had a seismic impact on the litigation landscape.
August 3, 2023 Litigation


How to Tackle Litigation Costs

There are many ways to quantify the impact of attorney involvement and social inflation (of which attorneys are a significant cause) on insurance carriers. One of the most striking examples is featured in a report by Jim Lynch and Dave Moore of the Casualty Actuarial Society, Social Inflation and Loss Development.