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Appeals › Causation › Insurance Litigation

Zelle LLP

Concurrent Causation is Key – Fifth Circuit Holds Insured to its Causative Burden

Zelle LLP on

The United States Fifth Circuit Court of Appeals recently affirmed summary judgment granted by the bankruptcy court in favor of commercial property insurer in a Winter Storm Uri claim, holding that the insured motel owners...more

Zelle LLP

“Amount of Loss” By Any Other Name: Conditions Precedent and Scope of Appraisals in Minnesota

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A recent decision from the Minnesota Court of Appeals serves as a reminder that in the North Star state, appraisal generally occurs before coverage disputes are resolved, and “amount of loss” may not mean what you think it...more

Carlton Fields

What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges

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Most practitioners would agree that, if the court excludes an expert based on a Daubert challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s...more

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