Hirschler Fleischer

Follow

Voluntary payments clause bars contractor’s claim for construction damage

January 8 2014 Most insureds recognize that insurance policies only cover particular types of losses. Many insureds, however, may not realize that an insurance…

Key takeaways from the ABA’s 2013 Private Target M&A Deal Points Study

January 14 2014 This month the M&A Market Trends Subcommittee of the Mergers & Acquisitions Committee of the American Bar Association published the 2013 Private…

Failure to have HIPAA-compliant policies can be costly – even for small providers

January 7 2014 On December 24, 2013, the Department of Health and Human Services (HHS) entered into its first settlement with a HIPAA covered entity for not having…

Are mold exclusions growing in the darkness?

January 16 2014 In recent years, insurers have begun adding insurance policy riders limiting their obligations in the event of mold. Such an issue was litigated in…

Does an insurer have the right to see co-defendant’s settlement agreement amounts?

February 18 2014 Often in litigation multiple defendants are named based on their roles in creating the plaintiff's injury. Very frequently, these defendants will be…

Change is in the air: now is the time to perform a check up on your additional insured coverage

April 9 2014 Many businesses integrate additional insured coverage as an element of their risk management or risk transfer programs. In some cases, companies…

Did the Eleventh Circuit chip away at the Eight Corners Rule?

April 3 2014 The Eight Corners Rule is a rule of contract interpretation employed by courts analyzing the duty to defend requirement in liability policies. In…

D&O insurer gets bounced out of court based on federal statute

March 27 2014 OneBeacon Midwest Ins. Co. v. F.D.I.C., 2014 WL 869286 (N.D. Ga. Mar. 5, 2014) came before the Court on a motion for reconsideration filed by the…

Identical “occurrence” definitions in CGL can have different outcomes in light of policy exclusions

March 20 2014 If a subcontractor is performing work pursuant to a contract, and defective workmanship takes place, is it an "occurrence" under a commercial general…

New York court rules property insurance does not cover losses from counterfeit check scam

March 13 2014 Check scams are as old as checks themselves, but today's check fraud is quick moving, hard to detect - and likely not covered by the theft provisions…