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February 01, 2009
Publication
When Fraud Happens to You: Evaluating Your Options & Best Chances for Recovery - Forensic Insight - Recently, the scariest part of each day is opening the morning newspaper and seeing what new fraud has made the headlines. Bernard Madoff and his hedge fund. Joseph Forte and his investment fund. Jack Bennett and New Era Philanthropy. John Rigas and Adelphia. Hopefully, the article under the headline won’t mention you or your clients. But sometimes it does.
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February 01, 2009
Publication - Insurance Corporate & Regulatory, Insurance Coverage
Eye on Regulation - BEST'S REVIEW -
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January 30, 2009
Publication - Insurance Coverage
Wisconsin Supreme Court Rules Each Asbestos Claimant's Exposure Constitutes a Separate Occurrence and Adopts 'All Sums' Approach to Allocation - Insurance Coverage Alert! - Wisconsin’s highest court is the latest to weigh
in on the obligations of liability insurers for
underlying asbestos bodily injury claims. In Plastics Engineering Co. v. Liberty Mutual Insurance Co., No.2008AP333-CQ (Wis. Jan. 29, 2009), the Wisconsin Supreme Court held that each underlying claimant’s repeated exposure to asbestos-containing products constitutes a separate occurrence, and insurers must fully defend and pay all sums up to policy limits. In so holding, the
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January 29, 2009
Press Release - Labor & Employment
Cozen O'Connor member Jeffrey I. Pasek has edited the 2009 edition of the Pennsylvania Human Resources Manual, published by the American Chamber of Commerce Resources in conjunction with the Pennsylvania Chamber of Business and Industry. This edition contains 24 chapters, all written by attorneys at Cozen O'Connor, that reflect the current state and federal employment laws, covering hiring, wages, discrimination, performance evaluations, employee discipline, termination, privacy and high technology in the workplace, workers’ compensation, and drugs and alcohol in the workplace, among other topics.
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January 29, 2009
Publication - Insurance Coverage
In this issue, we identify key coverage developments from the year 2008. We summarize recent court decisions dealing with coverage for toxic torts, environmental losses, construction defect and property losses. We also address new decisions in the areas of insolvency and reinsurance.
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January 28, 2009
Publication - Construction Law - Real Estate & Construction
Dangerous Liaisons: What to Do Before Things Go Wrong - Constructor Magazine - An indemnification or hold- harmless clause in a construction contract shifts liability and protects parties involved in the agreement.
Take a typical scenario: an owner hires an architect and a general contractor to design and build an addition. The general contractor hires various subcontractors. During construction, a collapse occurs, causing extensive damage and injuries. The injured workers file lawsuits against the owner, architect, GC and various subs.
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January 26, 2009
Publication - Subrogation & Recovery - Insurance
Alberta Statute Entrenches Subrogation Rights - Canadian Subrogation and Recovery Alert! - On November 4, 2008 the Alberta Legislature passed
Bill 11, a Bill to amend the Insurance Act of Alberta. Bill 11 was introduced as a means to update the Alberta Insurance Act which has not been significantly changed in the past thirty years! Among other items, Bill 11 introduced greater clarification with respect to the subrogation rights of an insurer.
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January 26, 2009
Publication - Insurance Coverage
Washington Court Holds Insurer Not Bound By Findings in Underlying Case Where Insured Settled Lawsuit Prior to Adjudication - Insurance Coverage Alert! - In Green v. City of Wenatchee, et al., --- P.3d ----, 2009 WL 116927 (January 20, 2009), the Washington Court of Appeals held that for purposes of a reasonableness hearing, an insurer was not bound by stipulated findings of fact and conclusions of law entered as part of a settlement
agreement where the trial court did not address the merits of plaintiff’s liability claims and the defenses. The Court of Appeals vacated an order that declared a $1 million consent
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January 23, 2009
Publication - Insurance Corporate & Regulatory, Insurance Coverage
Congressman Ask Geithner For Insurance Oversight - Law 360 -
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January 21, 2009
Press Release - Labor & Employment
The Pennsylvania Chamber of Business and Industry has released the 2009 Human Resources Library, which features two employment law how-to guides, including the Pennsylvania Human Resources Manual, authored by the attorneys at Cozen O’Connor. This first edition reflects the current state and federal employment laws, covering everything from hiring to firing (and everything in between).
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January 09, 2009
Publication - Subrogation & Recovery
2008 Southern California Wildfires: Analysis of Recovery Issues - Cozen O'Connor Whitepaper - As many of you are aware, Cozen O’Connor is one of the lead counsel in the pending litigation involving the 2007 Southern California Wildfires. We have created an additional task force to research recovery issues arising out of the 2008 wildfires. We are pleased to present Cozen O’Connor’s Subrogation White Paper, 2008 Southern California Wildfires: Analysis of Recovery Issues.
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January 08, 2009
Publication - Labor & Employment
International Review of Employment: The Definitive Voice on International Employment Matters - International Review of Employment - President-elect Obama has openly expressed his desire to work with various labor organizations to alter existing labor laws. On top of the union agenda is passage of the Employee Free Choice Act (EFCA), which passed the House in 2007. EFCA would dramatically change the union organizing process by eliminating 'secret ballot' elections under the auspices of the National Labor Relations Board. Instead, it would allow unions to be certified to negotiate pay, benefits and working conditions
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January 06, 2009
Press Release
Cozen O’Connor Attorney Steven K. Gerber Elected President Of Radnor School Board
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January 03, 2009
Publication - Insurance Coverage
A Practical Guide to Evaluating Contingent Business Interruption Losses - New Appleman on Insurance: Current Critical Issues in Insurance Law -
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January 01, 2009
Publication - Labor & Employment
Our Winter 2009 Labor and Employment Law Observer covers a multitude of topics of interest to -in-house counsel, human resource professionals and corporate management. Many of these articles are particularly timely given the changing political climate and current difficult economic environment.
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January 01, 2009
Publication - Subrogation & Recovery
International Comparative Review of Subrogation Law - Jurisdictions Comparative Charts - It is commonplace for insurers to underwrite all manner of risks on a worldwide basis. In doing so, they recognise that the underlying loss and the potential indemnity claim to which it gives rise under the insurance policy may be subject to the laws of just about any legal system.
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December 30, 2008
Press Release
Cozen O’Connor Member Nelson A. Diaz Named One Of Delaware Valley’s Most Influential Latinos
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December 24, 2008
Publication - Insurance Coverage
General Liability - Texas Supreme Court Makes Forum Shopping in Texas More Difficult - Insurance Coverage Alert! - On December 5, 2008, the Texas Supreme Court issued a landmark ruling interpreting the Texas forum non conveniens statute, § 71.051 of the Texas Civil Practice and Remedies Code, which severely limits the discretion of a trial court in determining whether a case should be dismissed
based upon forum non conveniens. In Re: General Electric Company, Et Al., Relators, No. 07-0195 (Tex. 2008). As a result of this ruling, trial court judges must dismiss a case on the basis
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December 24, 2008
Press Release - Family Law
Cozen O’Connor Attorneys Jennifer A. Brandt Discusses Family Law On Local And National Broadcasts
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December 22, 2008
Publication - Subrogation & Recovery - Insurance
Eliminating the Comparative Fault of Your Insured in Fire Suppression Failure Cases - Subrogation Alert! - Where a fire is caused by the acts or omissions of your insured, it is generally assumed that
subrogation recovery is not possible. In cases
where the insured itself causes a fire that could or should have been contained, the subrogation professional is faced with a seemingly insurmountable hurdle arising from the
conduct of the insured. Strong arguments exist, however, to preclude the comparative fault of the insured. The claim may be framed in terms of
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