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Vol.14 - Issue 2

June 9, 2025
 
 

How exciting: Insurance Key Issues Cited By A Nebraska Federal Court
Insurance Key Issues doesn’t get cited too often in judicial opinions.  Just a few times over the years.  I actually wear that as a badge of honor.  Court’s turns to scholarly treatises for help.  And as I’ve been saying for years on the Insurance Key Issues website: “If you want an esoteric discussion of coverage, do not buy Insurance Key Issues.  Buy a treatise.  If you want to have the law at your fingertips, in all 50 states, on the liability coverage issues that arise every day, Insurance Key Issues is the place to turn.”

But a Nebraska federal court recently used Key Issues in reaching a decision, which was still kinda neat, despite it not being my objective.  The court in Fowler v. Mut. of Omaha Ins. Co., No. 25CV114 (D. Neb. May 29, 2025) stated as follows: “Choice of law matters here. To strike Fowler’s request, there must be no ‘legal basis’ to award attorney fees. Donelson, 999 F.3d at 1091. But jurisdictions take different approaches to fee shifting in insurance cases. See Randy J. Maniloff & Jeffery W. Stempel, Prevailing Insured’s Right to Recover Attorney's Fees in Insurance Coverage Litigation State Law Survey, LexisNexis (June 18, 2024) (collecting approaches).” 

 

 


 
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