Insurance

Expert Analysis

• How Emotionally Intelligent AI Could Assist With E-Discovery

  

  While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

• State Net

  States May Slow Spread Of Vehicle Subscription Services

  

  Motor vehicle subscription services — similar to auto leases, except with no long-term commitment, the ability to change vehicles periodically, and insurance and maintenance bundled in — have been embraced by some automakers, insurers and consumers, but face potential roadblocks from state lawmakers and regulators, says Korey Clark of State Net Capitol Journal.

• Preventable Risks Your Law Firm May Be Overlooking

  

  Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

• Insurance Cases Illuminate Business Interruption Disputes

  

  A growing body of insurance case law provides that in instances of widespread destruction caused by natural disasters, policyholders are not required to prove their contingent business interruption losses on a supplier-by-supplier or customer-by-customer basis, but subtle differences in policy language can significantly impact coverage, say Barry Buchman and Greg Van Houten of Haynes and Boone.

• 6 Ethics Tips For Attorneys Making Lateral Transfers

  

  With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

• 2 Overlooked Areas Of DHS' New 'Public Charge' Rule

  

  Two likely consequences of a recent U.S Department of Homeland Security rule that redefines “public charge” and elements of a presidential proclamation requiring many immigrants to show they have health insurance have received little attention but may have a significant effect on visa processing, says Jeffrey Gorsky of Berry Appleman.

• A Developing Split Over Online Marketplace Product Liability

  

  A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

• Can Insureds Recover Atty Fees From Public-Private Insurers?

  

  A recent string of flood insurance decisions from a Florida federal court have revived a decade-old argument over whether insureds can recover attorney fees when successfully suing private insurers partnered with the government, and may increase financial pressure on the struggling National Flood Insurance Program, says Alexander Cogbill of Zelle.

• 3 Key Changes In New Insurance Arbitration Rules

  

  Last month, the AIDA Reinsurance and Insurance Arbitration Society released new rules intended to improve the insurance arbitration process by expanding the pool of potential arbitrators, improving predictability and reducing wait time, says Peter Halprin of Pasich.

• Calif. Funds Wildfire Liabilities Without Punishing Ratepayers

  

  A recently enacted California law that sets aside $21 billion to cover future wildfire damage claims and incentivizes safer electric utility infrastructure represents a successful attempt to balance competing interests, while putting wildfire claims funding on a firmer footing, says Allan Marks of Milbank.

• Vaping Crisis Raises New Liability And Insurance Issues

  

  As the number of vaping-related lung illnesses continues to grow, causation and overall exposure remain elusive concepts, but historical precedent arguably provides a framework for understanding the liability and insurance coverage implications, say Jodi Green and Jonathan Viner of Nicolaides.

• Consider The Power Of Tactical Empathy

  

  By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

• The Problem — And Opportunity — Of Implicit Bias In The Bar

  

  Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

• Series

  Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

  

  U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

• Opinion

  True Wellness Requires A Deeper Look At Atty Profession

  

  While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.