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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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December 19, 2008
Publication - Insurance Coverage
Policy Cancellation: Washington Supreme Court Requires Actual Receipt of Notice Sent By Certified Mail - Insurance Coverage Alert! - In Cornhusker Casualty Insurance Company v. Kachman, 2008 WL _____, --- P.2d --- (Wash. No. 81160-1, Dec. 18, 2008), the Washington Supreme Court held that the issuance of a cancellation notice via certified mail is not effective unless the policyholder actually receives the notice. The Washington statute that applied to the commercial automobile policy at issue1
provided that written notice of cancellation for nonpayment “must be actually delivered or
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December 19, 2008
Press Release
Stephen A. Cozen And Patrick J. O’Connor Receive Musser Award From Temple’s Fox School Of Business
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December 17, 2008
Press Release - Family Law
Cozen O'Connor members Jennifer A. Brandt and Thomas G. Wilkinson recently participated in the Pennsylvania Bar Institute's course ''Dealing with Dirty Tricks in Divorce,'' which was presented in Philadelphia, Mechanicsburg and Pittsburgh. Jennifer served as the course planner and moderator and Tom was a panelist in Philadelphia. The course was designed to assist family law practitioners when they are faced with dirty tricks in the areas of finance and reputation, and in divorce proceedings in general.
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December 16, 2008
Press Release - Family Law
Cozen O’Connor Attorneys Jennifer A. Brandt Discusses Cyberbullying On CN8
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