Depreciating Labor in Kentucky

In Kentucky, the question of whether labor is depreciable appears to have gotten significantly more complicated. On April 25, 2016, Judge Thapar, in the Eastern District of Kentucky held that a...

The Depreciation of Labor is Legal in Pennsylvania

April 19, 2016.  May an insurer depreciate labor when calculating actual cash value in a first party insurance claim? The answer is yes.  A recent federal court decision from the...

Survey of State Law Regarding Enforceability of Anti-Concurrent Causation Clauses

(Updated October 11, 2017) 

Extra-Contractual Liability for Insurers in New York

            New York is one of the relatively few states that has declined to recognize a cause of action in tort for the bad faith denial of a first-party insurance...

Will New Jersey Enact a Bad Faith Statute?

In New Jersey, bad faith claims are currently governed by two New Jersey Supreme Court decisions:  Rova Farms Resort, Inc. v. Investors Ins. Co. and Pickett v. Lloyd’s.  In...

PROTECT YOUR IDENTITY: Scam Phone Calls

Yesterday I received a call from a person claiming to be from my credit card company.  The caller identified my bank and said he was calling about my _____Card.  It sounded legitimate since the...

Data Breach Preparedness: Follow Up

When Mom and Dad Need Help With Their Finances…

As our parents age and start to slow down, adult children are faced with the difficult task of talking to them about helping out and potentially managing their finances.  This conversation can be...

Insuring Terrorism in America

Recent high-profile attacks in Paris and San Bernardino, CA have refocused the attention of the insurance industry upon terrorism coverage issues.  The question of whether terrorism coverage applies...

AT LONG LAST, THE END OF THE CAPITAL STOCK TAX

On Monday, January 4, 2016, Governor Wolf announced that he would not impede the planned phase-out of the Pennsylvania Capital Stock and Foreign Franchise Tax, giving effect to the legislature’s...