Forum Non Conveniens: Another Arrow in the Forum-Battle Quiver
on 03/18/2015
In any fight, the party who chooses the battleground often gains a crucial advantage. This maxim holds true for insurance coverage disputes: the choice of where a lawsuit is litigated, otherwise known as the forum, often shapes the entire course of the action. Policyholders are therefore well-advised to seize the initiative and file a coverage action in the forum of their choosing as soon it becomes clear that a coverage suit is unavoidable. In some instances, though, insurers win the race to the courthouse and file declaratory judgment suits in their preferred forum....
When is a Worker an "Employee?"
on March 6, 2015
While most persons use the words "worker" and "employee" interchangeably, the manner in which a worker is categorized could mean the difference between an insurance company's acceptance or denial of a policyholder's claim in the event an individual is injured on the job....
Federal Regulations to Cover Companies Outside the Healthcare Industry as Healthcare Data Breaches Reach New High
on February 27, 2015
Reported cyber-data breaches reached an all-time high in 2014 with 783 reported breaches and of these reported breaches 42.5% were from the healthcare industry alone. These numbers are likely to increase in 2015, especially with the recent announcement by Anthem that its systems had been hacked and the information of as many as 80 million customers has been compromised....
Stop the Shredding: Complying with preservation obligations involving third parties.
on February 20, 2015
Most businesses operate with a document retention plan in place to provide for the systematic review, retention, and destruction of documents that are created or received in the ordinary course of business....
By Racing to the Courthouse, Insurers may be Breaching the Duty of Good Faith Owed to Policyholders
on January 27, 2015
Policyholders and insurers regularly find themselves in protracted forum battles because the choice of forum can have a major impact on the choice of state law that will be applied to coverages issues....
This Blog is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this Blog in any way seems to contradict advice of counsel, counsel's opinion should control over anything written herein. No attorney client relationship is created or implied by this Blog. © 2024 Brouse McDowell. All rights reserved.
