(Article from Insurance Law Alert, April 2023)
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Bryce Friedman and Karen Cestari served as Contributing Editors of the 2023 edition of Lexology Getting the Deal Through: Insurance Litigation, authoring the publication’s United States chapter. The chapter, formatted as a Q&A, highlights preliminary and jurisdictional considerations in insurance litigation in the U.S. and frequently litigated issues relating to the interpretation of insurance contracts. It also summarizes recent insurance litigation trends and provides an outlook for the year ahead.
Chet Kronenberg participated as one of two panelists in a webinar produced by Strafford Publication titled, “Resolving Insurers’ and Insureds’ Settlement Dilemmas When Policy Limits Are Insufficient: Multiple Insured and Multiple Claims.” The webinar included discussion of how an insurer’s duty to settle may be impacted by two difficult but recurring situations: (1) when multiple claimants are competing for insufficient policy limits against an insured, and (2) when claimants from a single occurrence will release fewer than all of multiple insureds sharing the same limit of liability.
Bryce Friedman authored an article titled, “New York Contributes To The Demise Of Every Exposure Testimony In Asbestos And Talc Litigation,” which was published by Mealey’s. The article details the New York Court of Appeals’ recent opinion in Nemeth v. Brenntag North America and its potential impact on asbestos and alleged asbestos-in-talc litigation nationwide. It further explores the implications of the “any exposure” theory, as well as its impact in New York and other states across the country.