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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

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Kirk T. Hartley
Sep 7, 20203 min read
Professor Feinman's Latest: "A User’s Guide to the Restatement of the Law, Liability Insurance"
It's most interesting and encouraging to see Professor Jay Feinman publish a new paper that frankly addresses the pressures exerted on...
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Kirk Hartley
Feb 26, 20192 min read
The Protection Gap in Property Insurance – A Conference – Friday, March 29, 2019 Rut
“Protection gaps” are one of the results of the failure of state regulation of most forms of insurance. The gap problem – as it exists...
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Kirk Hartley
Dec 19, 20181 min read
Settlement Approved for Avery Case Regarding Auto Repairs and Allegedly Misrepresentations as to Cam
With trial court approval of a settlement, the parties are close to reaching the end of the long and winding road of the Avery case. ...
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Kirk Hartley
Nov 29, 20183 min read
Allianz and Praedicat Expand Access for Manufacturers to Access a System for Enhancing Product Stewa
A press release yesterday brought news of an interesting next step in the process of increasing the intersections between law and...
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Kirk Hartley
Aug 9, 20181 min read
An AI View of Insurance Coverage Litigation
A new aspect of the practice of law is applying AI to sets of cases. That trend is now being applied to insurance coverage cases,...
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Kirk Hartley
Mar 8, 20183 min read
Karma – Buffet and National Indemnity Ordered to Pay $43 Million in Libby Mine Case
Those who understand asbestos litigation will appreciate the karma one could see in this outcome. For the rest of you, sorry, but the...
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Kirk Hartley
Jul 19, 20171 min read
K&L Gates Explains: Who Will Be Handling Your [Asbestos] Claims Under Berkshire Hathaway’s Lates
Berkshire’s appetite for asbestos claim revenue has generated numerous interesting deals, to the least. The latest pair of deals received...
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Kirk Hartley
Feb 16, 20171 min read
Cozen O’Connor Says: “Are Attorneys’ Bills Privileged Once Litigation Ends – California
For persons and entities involved in mass tort claiming and litigation with insurance companies and/or other payors, there’s a new and...
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Kirk Hartley
Jan 3, 20173 min read
Hartford Closes Out 2016 With $420+ Million Charge for More Asbestos Losses
As previously predicted by yours truly and other members of a multidisciplinary team, asbestos losses continue to rise for insurance...
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Kirk Hartley
Nov 1, 20162 min read
Reliving Part of the Manville Bankruptcy: Bogdan Law Firm v. Bevan & Assocs., LPA (In re Johns-
The Johns-Manville chapter 11. A debacle of expediency and short-term thinking from 1992-1998, and then later “do overs.” In one of its...
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Kirk Hartley
Oct 19, 20161 min read
Plaintiffs Continue to Probe the Limits of Bankruptcy Court Injunctions in Mass Tort Cases
Plaintiffs continue to probe the limits of bankruptcy court injunctions, an effort that is even more interesting while the Second...
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Kirk Hartley
Aug 23, 20161 min read
Indictments Against Engineering Firm Hired by Insurance Company Lawyers for Superstorm Sandy Claims
It took some time, but 50 indictments finally emerged for the engineering firm hired by property damage insurance company lawyers to...
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Kirk Hartley
Mar 8, 20161 min read
Garlock’s “Plaintiff Fraud” Claim Fails in Kentucky Under Time Bar Law
Garlock’s “plaintiff’ fraud” claims apparently will not be tested on the merits in Kentucky as it just lost an intermediate court appeal....
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Kirk Hartley
Mar 4, 20161 min read
Software, Predictive Models, and Discovery Against Insurance Companies
The discovery wars of tomorrow will include plaintiffs seeking access to existing and future analytic and predictive databases and models...
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Kirk Hartley
Nov 12, 20152 min read
Thursday November 19, 2015 Webinar on Insurance Industry Asbestos Reserves and Asbestos Science
Asbestos litigation keeps on going. Indeed, a couple of weeks ago, AM Best put out yet another iteration of its annual report on asbestos...
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Kirk Hartley
Oct 20, 20152 min read
Travelers Once Again Raises Its Asbestos Reserve (as Predicted)
Who recently said insurers are under-reserved for asbestos litigation despite several years of increasing reserves ? The...
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Kirk Hartley
Aug 3, 20151 min read
CNA Takes An Asbestos Hit the Market Did Not Expect; More “Adverse Development”
An August 3, 2015 story in Insurance Insider reports a notable new $150 million second quarter charge taken by CNA for asbestos...
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Kirk Hartley
Jul 8, 20154 min read
Childbirth Left Her a Quadriplegic After Medical Malpractice; How Would Damages Caps Be Fair to this
Advocates of damages caps in medical malpractice cases seldom, if ever, confront the gross unfairness of leaving on one person the...
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Kirk Hartley
Jun 29, 20154 min read
Virtues of Open Access to Big Data on Claiming and Payment Systems
Access to “big data” is important to multiple aspects of claiming and payments systems. For example, secrecy in data helps some health...
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Kirk Hartley
Jun 19, 20151 min read
More Deja Vu All Over Again – Benzene Litigation and Insurance Company Arguments
Yogi Berra probably never dreamed of the number of times his line would reused. In any event, it applies well to insurance companies...
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