The court overseeing the liquidation of Reliance Insurance Company, one of the largest insurance liquidations in history, has approved the liquidator’s request for a final claims bar date of March 31, 2016. Reliance’s current payment percentage is 65%, so any … Continue reading
...Posted: Feb 12, 2016
Insurers increasingly are using law firms rather than traditional in-house personnel as claim handlers, particularly on major claims by business insureds. Insureds are negatively impacted in two significant ways.
First, law firms tend to be very aggressive about denying coverage … Continue reading
...Posted: Feb 08, 2016
The Wall Street Journal recently ran a column centered on a surprising statistic: Self-driving cars, though perfect, get into more accidents on average than human drivers. It turns out that self-driving cars have worse accident rates than every category … Continue reading
...Posted: Jul 22, 2015
The Forbes Leadership Forum recently published Gilbert LLP Partner Richard Shore’s article on “Three Tricks That Make Negotiations Work“ – don’t look at the person who is talking, look at the people who are listening; eat, drink, and … Continue reading
...Posted: Feb 04, 2014
In a highly anticipated ruling earlier this month, the Texas Supreme Court rejected Amerisure Insurance Company’s attempt to radically expand the scope of a common exclusion for liability assumed by contract found in many comprehensive general liability insurance policies. See … Continue reading
...Posted: Jan 28, 2014
If an insured faces liability that demonstrably exceeds the limits of underlying insurance, can an excess insurer avoid its coverage obligations because underlying insurers have not actually paid their limits of liability? Common sense says no. But insurance industry bloggers, … Continue reading
...Posted: Jul 17, 2013
Insurers frequently attempt to avoid their coverage obligations by contending that their insureds provided late notice of claims or occurrences.
Most jurisdictions follow the commonsense rule that insurers cannot defeat coverage based on allegedly late notice unless they demonstrate that … Continue reading
...Posted: Mar 22, 2013
If your company or organization finds itself engaged in litigation, chances are that the dispute will be resolved in a conference room rather than a courtroom. Most lawsuits settle before judgment, and in-house counsel increasingly are turning to mediation — … Continue reading
...Posted: Feb 07, 2013
Posted: Nov 20, 2012
In an article just published in the Forbes Leadership Forum, I outline four counterintuitive strategies that harness the strengths of mediation rather than treating it as litigation light:
1. Let the other side pick the mediator – agreeing to … Continue reading
...Posted: Jul 25, 2012
