This is the third in a series of posts from the Federation of Defense & Corporate Counsel's (FDCC) Blog on issues arising under professional liability policies. The aim of this series is to provide sufficient background information to allow the defense attorney…
Late last week, the California Supreme Court decided in Zhang v. Superior Court that a policyholder may use claims handling conduct as the basis of a suit for violation of California's unfair competition law. The decision resolves a split of authority that…
This is the second in a series of posts from the Federation of Defense & Corporate Counsel's (FDCC) Blog on issues arising under professional liability policies. The aim of this series is to provide sufficient background information to allow the defense attorney to…
I watched a baseball game the other day where a player for the Boston Red Sox appeared to believe the umpire's evaluation of the strike zone was wanting. The player proceeded to test the structural integrity of the dugout walls…
On June 24, 2013, the U.S. Supreme Court answered that question when it announced its decision in Vance v. Ball State University, 570 U.S. ____ (2013), an employment discrimination lawsuit claiming violations of Title VII of the Civil Rights Act of…
Most lawyers or their firms have purchased professional liability policies. Fortunately, most of us never need to look at those policies. But, every defense attorney who defends, cross-complains against, or is otherwise adverse to a professional needs to know something…
A recent decision from the Third Circuit Court of Appeals, In Re Petition of Frescati Shipping Company, Ltd., 2013 WL 2099746 (2013) should be of interest, if not concern, to many in the maritime industry. Addressing multiple claims with an…
In American Express Co. v. Italian Colors Restaurant, 570 U.S. __ (2013), the Supreme Court upheld the enforceability of an arbitration agreement that waived a party's ability to bring a class action lawsuit. An Italian restaurant, Italian Colors, entered into an…
Consider this situation: a plaintiff is injured and some medical bills are paid under the medical payment provision of the defendant's insurance policy. The plaintiff then sues the insured and settles all claims on account of his injuries and medical…
As I tried to avoid another puddle this morning on my walk to the office I wondered whether I was stepping over rain water or surface water. Later, as I sat in my office with the space heater drying my…