Appellate Court Affirms Order Requiring Insurers To Produce Investigation Documents Created Before They Denied Coverage

After a steam turbine power generator at Ravenswood Generating Station in Queens, New York, shook violently and was shut down, the operator notified its insurers of the loss. The insurers hired insurance adjusters and attorneys to assist in the investigation and

The plaintiffs in this case sued their former employer, Costco Wholesale Corporation, under the federal Fair Labor Standards Act (FLSA) and the California Labor Code, alleging that Costco improperly had withheld wages from their final paychecks to repay the undisputed outstanding balances due on their company-guaranteed credit cards.

After a bench trial in which the

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The South Dakota Supreme Court has upheld the enforceability of an exclusion in a commercial general liability (“CGL”) insurance policy barring coverage for an unknown progressive or continuous injury or damage that occurred before the inception date of a successor insurance policy.

The Case

Steven Thomas & Sons, LLC, was hired in 2002 by Swift

The U.S. Court of Appeals for the First Circuit has ruled that an insurance carrier may appeal an order issued in a declaratory judgment action requiring that it advance defense costs to its insureds.

The Case

After Westernbank of Puerto Rico was closed and the Federal Deposit Insurance Corporation (“FDIC”) was appointed receiver, the FDIC

The U.S. Court of Appeals for the Eighth Circuit has ruled that claims brought by four siblings against a single financial advisor were “interrelated wrongful acts” and not separate claims for purposes of the advisor’s professional liability insurance policy.

The Case

After each of four siblings – all members of the Shakopee Mdewakanton Sioux Community

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an exclusion in a commercial general liability insurance policy for violations of any statute that addresses transmitting any material or information (the “Exclusion”) barred coverage of a “junk fax” lawsuit against the insured for allegedly violating the federal Telephone Consumer Protection Act (the

A Florida appellate court has ruled that a class action filed against an insured mortgage broker after the expiration of its claims-made professional liability insurance policy related back to a claim filed during the policy period. Therefore, the appellate court ruled, the class action claim was covered by the policy. 

The Case

In October 2007,

A federal district court in Maryland has ruled that an insured had the burden of demonstrating that settlements of asbestos-related claims were reasonable.

The Case

After thousands of asbestos-related claims were filed against Porter Hayden Company, it entered bankruptcy. The bankruptcy court confirmed Porter Hayden’s plan of reorganization, which established the Porter Hayden Bodily Injury

In an ironic twist, China’s largest search engine, Baidu, has successfully argued that it was entitled to First Amendment protection in regard to its search engine results in the United States, which excluded statements by the plaintiffs, a group of New York residents who “advocated” for “the Democracy movement in China.”   In a question of

Court Finds No Duty To Defend Based Upon “Auto Business” Exclusion After Looking At Judicial Admissions Outside Underlying Complaint

Sam’s Tires & Automotive, Inc., sent Clarence Riffle to deliver tires in a truck owned by its president, Jerry Rosato. Riffle struck a motorcycle operated by Kyle Wagner, who sued. Rosato’s personal auto insurer, Travelers, defended

The New York City Earned Sick Time Act (the “Act”), as recently amended, goes into effect on April 1, 2014.  The amendment has set forth significant changes to the original New York City Earned Sick Time Act, adopted into law on June 26, 2013 (the “Original Act”).  Key provisions of the Act are discussed herein. 

A recent decision by the U.S. Court of Appeals for the Sixth Circuit, affirming a federal district court ruling, highlights the importance for both employers and employees of the language in a health care plan and summary plan description (SPD), including the limitations periods for commencing litigation.

The case involved the health care plan for

The assertion of a breach of contract claim against an attorney for excessive billing does not result in the waiver of the attorney-client privilege as to successor counsel

Waiver of the attorney-client privilege often arises in attorney-client disputes, where “the defendant asserts a claim that in fairness requires examination of protected communications… [t]he key to

The Alabama Supreme Court, withdrawing an earlier opinion, has found coverage for construction defect claims even though the insured’s own work allegedly was defective.

The Case

Thomas and Pat Johnson contracted with Jim Carr Homebuilder, LLC (“JCH”), a licensed homebuilder, for the construction of a new house on Lay Lake in Wilsonville, Alabama. After they took