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Oregon shifts burden of proof in PIP class action

Jorden Burt LLP
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USA
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July 18 2011

In a class action over the widespread practice of using automated review systems to determine the reasonableness of medical claims submitted under the Personal Injury Protection (PIP) coverage of automobile policies, the Oregon Supreme Court appears to have absolved class plaintiffs from responsibility for proving essential elements of their claims

Colorado decision sends a positive signal on the use of automated bill review systems

Jorden Burt LLP
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USA
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November 29 2011

Lawsuits throughout the country have challenged the use by automobile insurers of automated bill review systems to help determine whether the amounts charged for medical services are "reasonable."

Insurance coverage battle over underlying data privacy spurs multiple class actions

Jorden Burt LLP
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USA
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November 21 2011

In a high-stakes battle, Sony Corporation of America is litigating the question of whether its failure to protect customers’ personal information constitutes “publication” within the meaning of its liability coverage

In Colossus cases, insurers bestride narrow constructions

Jorden Burt LLP
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USA
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June 4 2012

Computer Sciences Corporation (CSC) licenses a tool called “Colossus” that helps insurers evaluate bodily injury claims

Washington Supreme Court makes it dangerous to involve lawyers in claims handling

Jorden Burt LLP
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USA
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March 3 2013

The Supreme Court of Washington, in a 5-4 decision, resolved two issues in ways that will limit insurers' right to invoke the attorney-client

Fundamental insurance defenses may be asserted against additional insureds

Jorden Burt LLP
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USA
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August 27 2012

Acts by policyholders that can invalidate coverage such as misrepresentations, or even nonpayment of premiumsoften do not impair the rights of additional insureds

Ripples from Spitzer’s big splash have not yet subsided

Jorden Burt LLP
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USA
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August 27 2012

In October 2004, then-New York Attorney General Eliot Spitzer dramatically announced charges against insurance broker Marsh & McLennan, claiming that Marsh’s receipt of contingent commissions from commercial insurers suppressed competition and led to bid-rigging and other abuses

What duty does a primary insurer owe to an excess carrier?

Jorden Burt LLP
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USA
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February 15 2013

A primary liability carrier usually owes no duty to excess insurers, even though those insurers bear the cost of excess judgments. If the primary

Human body parts and the duty to defend: people are not cars, my friends

Jorden Burt LLP
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USA
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February 15 2013

Illinois courts once considered whether non-OEM body parts could restore a damaged automobile to its "original" condition. This year, Texas upped the

Arizona court accepts profit targets as evidence of an insurer's evil mind

Jorden Burt LLP
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USA
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November 2 2012

When MetLife became a publicly-traded company, then-Chairman Robert Benmoche set a goal for the underperforming Auto and Home Division: increase profits 300 in 2002

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