Sixth Circuit Again Rules That CBA Did Not Provide for Lifetime Retiree Healthcare Benefits The U.S. Court of Appeals for the Sixth Circuit has issued another decision concluding that a collective bargaining agreement did not provide for lifetime healthcare benefits for union retirees. The Case Every three to four years since 1973, General Electric Company …
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We hope you had an enjoyable holiday and that your new year is off to a good start. Here’s a quick look at the cases discussed in our January Insurance Update. Nevada Supreme Court Says Insurer That Has Not Acted in Bad Faith May Still Be Liable for Any Consequential Damages Caused By the Breach …
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Assignee Of Winning Bid At Foreclosure Sale Not Entitled To Insurance Proceeds For Water Damage To The Property A bank that was the highest bidder at a foreclosure sale assigned its bid to Wilmington Savings Fund Society, and Wilmington received a referee’s deed for the property.  After a water pipe burst in the dwelling located …
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Our December Insurance Update touches upon a few familiar insurance issues, and some new ones. We begin with a pair of cases addressing the number of occurrences, or in these cases, the number of accidents. The two cases involve similar facts – multiple collisions on a highway.  Both courts applied the “cause” theory.  In one …
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No Additional Insured Coverage For School District Under Named Insured’s Policy Where Named Insured Did Not Cause Its Employee’s Injury, 4th Department Rules An employee of a company that contracted to provide janitorial services to a school district was allegedly injured when she slipped on snow or ice in the school parking lot. The injured …
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It was a bountiful month in terms of insurance decisions.  And as a result, our November Insurance Update is like a “Thanksgiving Day feast.” With a healthy serving of decisions from state high courts, intermediate appellate courts, and federal circuit courts, our update touches upon first-party issues, third-party issues, and a case insurance brokers will …
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Federal Court Remands Case to State Court Because ERISA Did Not Preempt Claims Against Health Insurer for Revealing Plaintiff’s HIV Status A federal district court in California held that the Employee Retirement Income Security Act of 1974 (ERISA) did not preempt a plaintiff’s claims under California law against his managed health care company for revealing …
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Stop Work Order Deemed Insufficiently Coercive Or Adversarial To Be A “Suit” After excavation work began on a property in Manhattan, the New York City Department of Buildings issued a stop work order to the construction manager and property owners because of damage to an adjacent building. The construction manager and owners sought a defense …
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Our October Insurance Update is packed with interesting cases. We begin with a pair of cases addressing whether the insured’s liability was because of property damage. One case deals with future lost profits, the other concerns the failure to award a college degree. In our next pair of cases, the homeowner’s insurer properly denied coverage. Did the …
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ERISA Preempts Ex-Pro Hockey Player’s State Law Claims A federal district court in Texas has ruled that the Employee Retirement Income Security Act of 1974 (ERISA) preempts state law claims brought by a former professional hockey player under an ERISA plan, funded by an insurance policy issued to the National Hockey League (the NHL). The …
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