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Recent Publications

September 25, 2014  Optimizing the Use of Technology in Mediation Read
September 22, 2014  Courts' Different Views On Additional Insureds' Duties Under Liability Policy Notice Provisions Read
September 17, 2014  A Moving Target: How to Seek Fees in Your Original Proceedings Read
August 25, 2014  Wall Of Confusion: GEICO General Insurance Company v. Bottini And Its Ill-Begotten Progeny Read
July 28, 2014  Examining The Requirement That Coverage Must Exist Before A First-Party Bad-Faith Claim Can Be Brought Read
June 26, 2014  The Language Was Not Enough: Florida Supreme Court Holds that the Standard "Transfer of Rights" Provision Does Not Abrogate the "Made Whole Rule" Read
June 26, 2014  Business Interruption and Damage Claims Read
June 26, 2014  Uninsured Motorist Bad-Faith Claims: Separate Action, Separate Trial, Separate Damages Read
June 10, 2014  Fraud Squad. The Role of Mediation in Settling Fraud Disputes Read
May 22, 2014  Burden Of Proof Issues In Consent Judgments Read
April 25, 2014  An Insurance Carrier's Good Faith Obligations Toward Its Insureds In Liability Settlements Where Not All Of the Insureds Are Released Read
March 27, 2014  Another Item For Your Checklist: The Bad Faith Concerns Related To Overreaching Proposed Releases Read
March 13, 2014  Bad Faith And Ordinary Negligence: Distinguishing The Excusable From The Culpable Read
February 25, 2014  The Only Thing We Have To Fear Is Spoliation Itself … and Sanctions: How Spoliation Can Erode, or Even Destroy, the Potential for Recovery Read
January 30, 2014  Fact Or Fiction? Read
January 06, 2014  Causal Friday: Better To Be Lucky Than Good Read
December 19, 2013  Recent Cases Discussing The Advice Of Counsel Defense: The Good, The Bad, And The Discovery Read
November 21, 2013  This Mediation Is Confidential, Right? Read
November 11, 2013  Pleading Requirements For Fees In Original Proceedings Read
October 24, 2013  Separating Fact From Fiction: Strategies For Contesting The Excess Consent Judgment Read
October 01, 2013  Mind the Gap: Weathering the Statutory Notification Process When a Data Breach Occurs Read
September 26, 2013  Some Considerations In Addressing Time-Limit Demands Read
August 12, 2013  Investigation: Fraud Squad. Keys to Good Faith Fraud Referrals Read
July 25, 2013  An Insurer's Liability For A Hospital Lien After Settlement Of A Claim That Impairs The Lien Read
July 09, 2013  Certiorari Redefined: Would the "Functional Restatement" Function? Read
July 08, 2013  Personal Jurisdiction and the Stream-of-Commerce Theory: The Illinois Supreme Court Holds That Illinois Has Jurisdiction Over A French Company Read
July 02, 2013  Daubert Standard Now Governs Admission of Expert Testimony in Florida Courts Read
June 27, 2013  Examination Under Oath: A Vital Tool in Examining Potentially Fraudulent Claims Read
June 27, 2013  Why Sue For Bad Faith When Consequential Damages Are Available? Read
June 26, 2013  Florida Supreme Court Limits Economic Loss Rule to Products Liability Claims Read
June 26, 2013  Stuck Between a Collapsed Wall and a Hard Place: The Failure to Establish the "Standard of Care" in a Negligence Claim Read
June 25, 2013  Avoiding The Economic Loss Rule In Construction Claims Read
May 23, 2013  Is The Bad Faith Claim A Part Of The Package? Read
May 01, 2013  Settling Insurance Bad Faith Read
April 25, 2013  Revisiting The Litigation Privilege And Its Application In Bad-Faith Cases Read
March 28, 2013  Who Is Entitled to the Claims File? Read
February 28, 2013  Navigating The Southern Bad-Faith Buffet: Extra-Contractual Liability In The Absence Of Breach Of Contract Read
February 08, 2013  The Dangers of Evidence Disposal Read
February 08, 2013  Proving Lost Profits In a Subrogation Case: It's No Easy Matter Read
February 04, 2013  James Birkhold, the Second District's Clerk Read
January 31, 2013  ‘Bad-Faith' Discovery: Claim Files, Training Materials, Personnel Files, And The Kitchen Sink Read
November 21, 2012  Mediation (Resolving Cases With Extra-Contractual Exposure) Read
November 05, 2012  Is A Discriminatory Refusal To Rent An Invasion Of The Right Of Private Occupancy? Read
November 01, 2012  Ongoing Efforts to Preserve Our Unique Right Read
October 25, 2012  Square Pegs In Round Holes: When The Adjustment Process Meets The Evidence Code Read