Between the Lines: October 2019
CLM members and fellows discuss meaningful developments or decisions
By Phil Gusman
In your practice area, what is one decision or development, either recent or historical, that you find particularly interesting and/or meaningful?
“The 2014 K2 Inv. Grp. LLC v. Am. Guarantee & Liab. Ins. Co. decision from the New York Court of Appeals reversed its own 2013 decision permitting coverage by estoppel and held that an insurer who breaches the duty to defend may still rely on policy exclusions. Even the state’s highest court can admit and correct a mistake!”
Laura Dowgin, Member, Cozen O’Connor. CLM Member since 2015.
“Cedell v. Farmers Ins. Co. of Washington made significant changes to an insurer’s ability to seek advice from counsel, and made the application of the attorney-client privilege unpredictable where the client is an insurance company. This affects aspects of legal practice. As more jurisdictions adopt Cedell’s holding, we may see those impacts spread and manifest in new ways.”
Jennifer P. Dinning, Senior Associate Attorney, Soha & Lang, P.S. CLM Member since 2014.
“In Flowers v. Harborcenter Development LLC, an upstate appellate court set aside an award for past and future lost earnings in a Labor Law 240 (1) case. The appellate panel agreed that since the worker had secured alternate employment post-accident, the trial court should have instructed the jury to consider whether the attempt to mitigate damages was ‘reasonable.’”
Josh H. Kardisch, Esq., Of Counsel, Russo & Toner LLP. CLM Member since 2012.
“In 1975, California responded to the insurance crisis by enacting tort reform legislation that set a cap on non-economic damages in actions brought against health care providers. The cap has survived numerous constitutional challenges and set the stage for tort reform across the nation.”
Constance A. Endelicato, Partner, Wood, Smith, Henning & Berman LLP. CLM Member since 2015.