Wednesday, November 5, 2014

Risk News & Updates


A grab bag of stories to share today. First, from Hinshaw comes: "No Duty to Defend Based on Insured's Material Misstatement at Time of Renewal" --
  • The U.S. District Court for the Central District of California ruled that an insurer's duty to defend against a malpractice claim was not triggered by the insured's material misstatement about the nonexistence of a potential claim when the insured entered into a tolling agreement that gave notice that there were allegations which could lead to a malpractice claim."
Next, two updates from the Shining Star, via Professor Alberto Bernabe:
And while we (and others) had some fun at the expense of the Lone Star State, it appears that "Texas Will Revisit Ethics Opinion on Nonlawyer Law Firm Officers." But, until it changes its mind, we'll still advocate for clever workarounds. (Any takers for "Chief Information Burseg"?)

And finally, with the midterm elections concluded, and states continuing to make policy in this arena, the North Dakota State Bar Association has noted : "ND State Bar opinion finds use of medicinal marijuana is a violation of the rules of conduct even if the use is legal according to state law."

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