National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Category Archives: Practice and Procedure

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Erosion of the Attorney-Client Privilege in NY?

Posted in Practice and Procedure
In National Union Fire Ins. Co. of Pittsburgh, Pa. v. TransCanada Energy USA, Inc., a New York appellate court holds that documents prepared in the ordinary course of an insurer’s investigation of whether to pay or deny a claim—documents pre-dating an insurer’s rejection of the claim—are not protected from disclosure by the attorney client privilege,… Continue Reading

Trolling for Tech Toys

Posted in Practice and Procedure
OK. I admit it–I didn’t wait for Santa Claus this year.  I am now the ecstatic owner of a new IPad.  Having spent much of Thansgiving weekend playing Scrabble on line with a friend in Mississippi and listening to Bob Dylan on Pandora, I am also discovering the wealth of useful legal applications that this… Continue Reading

Will Ethics Opinions Complicate Efforts To Protect Against MSP Claims?

Posted in Practice and Procedure
The risk of future liability exposures due to MSP issues have caused insurers and defense counsel to resort to various different stratagems in an effort to ensure that Medicare liens will be satisfied without subsequent risk to the settling parties. Among these stratagems is a demand that the plaintiff’s attorney agree to indemnify the defendant and its… Continue Reading

Monthly Practice Tip: Is There Hope for Recoupment Claims?

Posted in Practice and Procedure
Today, we continue a new feature on our blog: the Monthly Practice Tip, which considers a practical problem faced by claims professionals and outside coverage counsel, presenting a dialogue created by our five editors.  This month we look at the ever-challenging problem of recoupment claims.    March is the season of hope.  After a long, dreary winter, March… Continue Reading

Article Explores Social Networking’s Influence on Workers’ Compensation Proceedings

Posted in Practice and Procedure
As social networking plays an increasingly important role in the way we publicly and privately communicate and interact, it necessarily will influence the practice of law. An article to be published in a forthcoming issue of Pace Law Review examines how social networking might influence workers’ compensation proceedings, and, thus, provides a glimpse into social… Continue Reading

Is There A Court More Fun Than The Seventh Circuit?

Posted in Practice and Procedure
In recent years, the Seventh Circuit has emerged as a beacon of sanity in the morass of federal insurance jurisprudence (well, yes, there was Eljer butr everyone makes a mistake occasionally).  As among the judges on the court, Posner and Easterbrook are particularly interesting to read.  So it is with pleasure that we commend to your consideration a savage… Continue Reading

Sanctions Available For Insurer’s Failure to Attend Court-Ordered Mediation

Posted in Practice and Procedure
In Robert Campagnone v. Enjoyable Pools & Spa Service & Repairs, Inc. (2008) ___ Cal.App.4th ___ [08 C.D.O.S. 6579], the California Court of Appeal, Third Appellate District, denied a motion for sanctions against an insurer for failing to attend a court-ordered mediation, and against a party and its attorneys for failing to notify the insurer… Continue Reading