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Insurance Law Podcast Discusses Civil Right Defense and the Disabilities in Education Act


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John Czuba
Managing Editor
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FOR IMMEDIATE RELEASE

OLDWICK - FEBRUARY 19, 2015 10:41 AM (EST)
A.M. Best has released the latest installment of the Insurance Law Podcast, a series that examines timely insurance issues from an attorney's point of view.

This episode features attorneys Eric Harrison and Caitlin Lundquist from the law firm of Methfessel & Werbel in Edison, NJ. Ms. Lundquist, the firm's practice manager, oversees the employment and civil rights department and specializes in the defense of civil rights, employment, special education, insurance coverage and general liability litigation. Ms. Lundquist, a member of the employment and civil rights practices group, concentrates on the following legal areas: employment, education, public entity, discrimination and civil rights.

Ms. Lundquist begins by explaining why attorneys practicing in this area must know the recent case law on the exhaustion defense. She highlights critical points of recent decisions with respect to the Individuals With Disabilities Education Act and disability discrimination claims. Ms. Lundquist then discusses the advantage for defense attorneys having a motion to dismiss granted, based on the plaintiff's failure to exhaust administrative remedies. She concludes by giving examples of arguments that defense attorneys can anticipate from the plaintiff and suggests how defense attorneys might respond.

Mr. Harrison examines the risk management implications of this topic and discusses what insurers and policyholders need to do when confronted with an exhaustion defense.

Methfessel & Werbel is listed in Best's Directories of Recommended Insurance Attorneys and Adjusters, the most authoritative and detailed reference for locating qualified legal counsel, independent insurance adjusting services and expert service providers since 1928. Learn more at http://www.ambest.com/directories.

Listen or subscribe to the Insurance Law Podcast at http://feeds2.feedburner.com/InsuranceLaw.

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