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Insurer 's Conduct When No Bad Faith Is Pleaded
In what has commonly become known as the Koken decision, the Pennsylvania Supreme Court held that the Pennsylvania Insurance Department “does not possess the authority to require mandatory binding arbitration for UM and UIM disputes.” Prior to Koken, captioned as Insurance Federation of PA v. Department of Insurance, 585 Pa. 630, 889 A2d. 550 (2005), uninsured and underinsured claims were usually arbitrated before three-person panels with very limited appellate rights. Now, most of these claims are being litigated and many procedural and evidentiary issues are working their way through the courts.
Complaints filed to recover UM/UIM coverage range from simple single-count complaints alleging that the plaintiff was injured by the negligence of an uninsured or underinsured motorist and is entitled to recover UM/UIM coverage, to those also including claims for breach of contract or statutory bad faith pursuant to 42 Pa. C.S.A. ' 8371. The inclusion of a statutory bad-faith claim provides a basis for the plaintiff to argue for a broad scope of discovery regarding the insurer's conduct and evaluation of the claim. However, the insurer may file a motion to sever and stay the bad-faith claim and argue for a more restricted scope of discovery.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.