March Insurance Insight

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 New case law, analysis, trends and news for those in the liability, risk management and insurance industry 
  Volume 9  |  March 2018

What’s New in Federal Flood Case Decisions?Expand Beyond What is Expected

Migliaro v. Fidelity National Indemnity Insurance Company
United States Court of Appeals for the Third Circuit
2018 WL 577704
Anthony Migliaro purchased an SFIP from WYO carrier Fidelity for his New Jersey Property. In 2012, Hurricane Sandy damaged the property with flooding. The independent adjuster assessed the damage at $90,499.11 and Fidelity adopted the recommended amount. Five months later, Migliaro submitted a proof of loss for an additional $236,702.57. Fidelity sent a letter on July 15, 2013 titled “Rejection of Proof of Loss” which, in part, contained the language “this is not a denial of your claim.”

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Corporate Depositions: The Wrong Time to Answer in the Form of a Question

Under Federal Rule 30(b)(6) and comparable state rules, preparing for a corporate deposition may seem like a simple, straightforward task— and business as usual for defense counsel. However, the scope of this mechanism far exceeds the rule. Rather, strategic norms employed by litigators and decisions by various courts have shaped corporate depositions into a significant undertaking. It is important to understand the interaction of these forces as you embark on choosing the right corporate designee and preparing that individual to speak for the company.

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PK Law Proud to Support United Way’s Women’s Forum 2018

PK Law was proud to once again sponsor the United Way’s Women’s Forum. United Way’s Women United membership group hosts this signature event that convenes, connects, and celebrates dynamic business and community leaders. This year’s Forum featured thoughtful discussions led by innovative and compassionate leaders and special guest speakers who conveyed to the audience the importance of storytelling in inspiring conversations that empower others to affect change, improve lives and lift up entire communities.

About PK Law’s Insurance Group

PK Law’s Insurance Group is comprised of a deep bench of attorneys with an extensive range and level of experience in the insurance industry. Lead by Members Patricia McHugh Lambert and Joan Cerniglia-Lowensen, the Group is supported by Members, Steve Allen, Barry Bach, Robert Campbell and James Benjamin and Associates Kambon Williams, Aidan Smith and Kayleigh Toth-Keilty. All members of the Group receive mentoring and are trained to apply the techniques and analysis that the Group’s senior attorneys use including project management, identification of the stages and how to accurately evaluate a case.

Insurance Defense