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Hirschler Fleischer | USA | 9 Apr 2014

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

Many businesses integrate additional insured coverage as an element of their risk management or risk transfer programs. In some cases, companies…
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Hirschler Fleischer | USA | 3 Apr 2014

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

The Eight Corners Rule is a rule of contract interpretation employed by courts analyzing the duty to defend requirement in liability policies. In…
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Hirschler Fleischer | USA | 27 Mar 2014

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

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…
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Hirschler Fleischer | USA | 20 Mar 2014

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

If a subcontractor is performing work pursuant to a contract, and defective workmanship takes place, is it an "occurrence" under a commercial general…
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Hirschler Fleischer | USA | 13 Mar 2014

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

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…
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Hirschler Fleischer | USA | 10 Mar 2014

Virginia General Assembly: new and revised laws coming July 1, 2014 that may impact your development and construction business

The General Assembly session ended last week with a few new bills passed by both the House and the Senate that likely will become effective July 1…
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Hirschler Fleischer | USA | 6 Mar 2014

New York’s highest court cracks the door open on broker liability

Policyholders finding themselves without insurance coverage will often question whether their insurance broker is responsible. It is a logical…
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Hirschler Fleischer | USA | 5 Mar 2014

Law v. Siegel: Chapter 7 trustees and bankruptcy courts lose, while debtor’s fraudulent behavior goes unpunished

On March 4, 2014, the Supreme Court decided Law v. Siegel, holding that the bankruptcy court lacked authority to surcharge the debtor's exempt…
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Hirschler Fleischer | USA | 24 Feb 2014

Contingent business interruption coverage and the meaning of “direct supplier”

On February 20, 2014, the United States Court of Appeals for the Fourth Circuit issued an opinion in Millennium Inorganic Chemicals, Ltd. v. National…
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Hirschler Fleischer | USA | 18 Feb 2014

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

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