National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Category Archives: Declaratory Judgment Strategy

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Allocating Responsibility for Defense and Indemnity Costs Among Multiple Insurers

Posted in Declaratory Judgment Strategy, Duty to Defend, Duty to Indemnify, Excess and Umbrella Insurance, Recent Cases
Analysis of Zurich Am. Ins. Co. v. S.-Owners Ins. Co., 248 F. Supp. 3d 1268, 1276 (M.D. Fla. 2017) In a dispute between two insurers arising from an underlying premises liability action, a federal district court applied Florida law in its analysis of claims for declaratory relief, equitable subrogation, and contribution. In the underlying action,… Continue Reading

Has SCOTUS Signaled Putative Class Action Defendants to More Aggressively Challenge the Merits of Plaintiff’s Case at the Class Certification Stage?

Posted in Declaratory Judgment Strategy
The holding in a recent opinion of the Supreme Court of the United States in a securities class action case raises broader questions regarding whether defendants should more aggressively challenge the merits of plaintiff’s case at the certification stage in other types of cases.  This includes product defects, energy, and health care, but also, of… Continue Reading