New York’s Top Court Answers Two Certified Questions About “Vandalism”

The walls and foundation of the insured’s building allegedly cracked as a result of the acts of an allegedly irresponsible excavator working on neighboring property. In response to two questions certified by the Second Circuit, the New York Court of Appeals ruled that (1) a

The plaintiff in this case worked for FedEx Customer Information Services, Inc., under an employment agreement that provided, in part, that “[t]o the extent the law allows an employee to bring legal action against Federal Express Corporation, I agree to bring that complaint within the time prescribed by law or 6 months from the date

The Delaware Supreme Court has ruled that an independent contractor exclusion in an insurance policy was not ambiguous and that it applied to employees of an independent contractor.

The Case

A company contracted to handle the dining services for a nursing home in Wilmington, Delaware. An employee of the company alleged that he was injured

A federal district court in Indiana has ruled that a medical expenses exclusion in a businessowners liability insurance policy unambiguously excluded coverage of bodily injury to the insured, and that, as a result, claims by the insured against additional insureds under the policy also were excluded. 

The Case

A landscaper contracted with a bank to

A federal district court in Kansas has ruled that an auto exclusion in a commercial general liability (“CGL”) insurance policy excluded coverage for claims against a moving company’s executives alleging that they had failed to maintain a truck. 

The Case

An employee of a moving company was fatally injured while loading furniture and belongings into

A federal district court in Hawaii has ruled that a commercial general liability (“CGL”) insurance policy “unambiguously” did not provide coverage for two lawsuits filed against the insureds that were based on allegations of patent infringement.

The Case

A life-sciences inventor brought two lawsuits – a “business interference” action and a “patent infringement” case –

A federal district court in Michigan has ruled that a homeowner’s insurance policy unambiguously excluded coverage for a lawsuit stemming from a moped accident.

The Case

While vacationing in Ohio, a policyholder was driving a rented moped on a public street when she crashed into a golf cart, and three of the four occupants of

Much has been written (in this column and elsewhere) regarding lawyers’ adoption of social media and other Internet enabled applications for such diverse purposes as discovery, advertising, client communication,  research and the like.  Indeed, due to the proliferation of portable devices, including laptops, smartphones and tablets, whether in their offices or not, lawyers now rely

Appellate Court Finds No Coverage for Post-Fire Asbestos Remediation Costs

After a fire damaged a building owned by Conley & Tibbitts Properties, LLC, a survey found asbestos, which New York required Conley to remediate. Conley’s insurer denied coverage for the asbestos removal, and Conley sued. The court upheld the disclaimer, reasoning that the policy excluded

The healthcare industry is undergoing rapid consolidation in response to an array of economic drivers.[1]  Medicare and Medicaid reimbursement cuts have resulted in downward pressure on revenues.  Meanwhile, other industry trends flowing from recent healthcare legislation like the Patient Protection and Affordable Care Act (“PPACA”) call for increased expenditures on expensive electronic health record information

On September 13th, the New York State Department of Health’s (“DOH”) Public Health and Health Planning Council’s Health Planning Committee (the “Committee”) convened a meeting in New York City to discuss the oversight of various ambulatory service settings. Specifically, the Committee discussed freestanding emergency departments (“FEDs”), urgent care clinics, upgraded diagnostic and treatment centers, and

On September 18, 2013, the New York Department of Health (the “Department”) proposed regulations that would grant a certificate of public advantage to health care providers entering into arrangements with other providers or entities in order to provide limited protection from liability under state antitrust laws, and a defense against federal antitrust claims.[1]

The proposed

The September 23rd deadline has arrived to comply with the Omnibus Rule’s modifications to the Health Insurance Portability and Accountability Act.  Yet, the federal government continues to provide guidance clarifying the changes. 

Despite being published in January, many organizations are still struggling to comply with the Omnibus Rule due to widespread confusion over issues such

The U.S. Court of Appeals for the First Circuit has ruled that a homeowner was not entitled to recover under a Standard Flood Insurance Policy (“SFIP”) where he had not signed and sworn to a proof of loss as required by the National Flood Insurance Program (“NFIP”).

The Case

After his house was flooded, a

A federal district court in Alabama has ruled that a driver sitting in his parked car who shot a person walking toward him was not entitled to a defense or indemnity from his automobile insurance carrier in the lawsuit the victim brought against the driver.  

The Case

After Dale Christian stopped his car in a