It’s déjà vu all over again, as the famous quote goes.
The great thing about being a lawyer long enough is that eventually, everything that is old becomes new again. Early in my career, I was coverage counsel for an insurer who issued policies to various ancillary defendants in the tobacco litigation brought by states
My “Five Favorites for Friday” series is quickly becoming one of my favorite undertakings. It’s a terrific opportunity for me to go back over the stories and videos that have crossed my desk during the week, and think about what they mean for my practice, my clients and the readers of my blog. Hopefully, you
Insurance coverage lawyer Geoffrey Fehling had a great LinkedIn post concerning a Massachusetts court dismissing class action claims against Liberty Mutual because of the failure of plaintiffs’ counsel to identify and then name the correct Liberty Mutual affiliated insurance companies as defendants. I wanted to add three points to it which, in their absence, could
This is the third in my series of posts called Plan Sponsor and Fiduciary 2.0, which addresses how fiduciaries and plan sponsors should now be conducting themselves in light of operational changes, legal developments, and liability risks that have developed over the past ten to fifteen years. You can find the origin story behind this
So two stories today give me a soapbox to address one aspect of ERISA class action litigation and the push back from plan sponsors and their fiduciary liability insurers against the costs imposed on them by this line of litigation. One story, which to protect the innocent I won’t otherwise identify, involves court approval of
When I was in college in D.C. lo these many years ago, a friend of mine’s uncle took us out to dinner at the Watergate complex (still the only time I have ever been inside it). He had been a tech guy at HBO in its early days, when he quit on the spot over
FWIW,
I spoke earlier in the week at ALM’s Complex Claims and Litigation Forum in Las Vegas, where I was on a panel on “Tackling Market Disruptors – How to Manage Industry Shifts.” I spoke on a subject near and dear to my heart, which is the impact on claims handling of the rise of the
You know, this is actually of more personal interest to me than it is probably of importance to insureds, insurers and their lawyers with regard to determining whether a duty to defend exists in a given case. That is because the rule reflected in the case I am about to tell you about is sensible
One of the first posts I wrote on this blog was about insurance coverage and the concept of the repeat player. The idea behind it was that insurers use the same counsel over and over again in coverage disputes, with the result that they put on the field – to use a sports metaphor &ndash