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Recovering an Insured’s Deductible – Texas

In a recent case out of the Seventh Court of Appeals of Texas, the court considered whether a waiver of subrogation provision waived an insurer’s claim for its insured’s uninsured losses or deductible.  Am. Zurich Ins. Co. v. Barker Roofing,

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Certificate of Merit Requirement in Federal Diversity Cases

In a recent opinion filed by the United States Court of Appeals for the Third Circuit in Liggon-Redding v. Sugarman, the Third Circuit decided that Pennsylvania Rule of Civil Procedure 1042.3, requiring the filing of a certificate of merit in

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COGSA vs. Carmack – Carmack Does Not Apply to Overseas Shipment under a Single Through Bill of Lading

  On Monday, June 21, 2010, the United States Supreme Court issued its opinion in Kawasaki Kisen Kaisha LTD. v. Regal-Beloit Corp. By a 6-to-3 vote, the court said the Carmack Amendment does not apply to a shipment originating overseas under

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COGSA vs. Carmack – United States Supreme Court To Address Carmack’s Application To Intermodal Shipments

At the end of last year the United States Supreme Court granted certiorari in two consolidated cases, Kawasaki Kisen Kaisha v. Regal-Beloit Corporation, No. 08-1553, and Union Pacific Railroad Company v. Regal-Beloit Corporation, No. 08-1554, to determine whether the inland

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