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

The Alabama Supreme Court has reversed a trial court’s decision that a builder’s insurance carrier was obligated to pay an arbitration award entered against the builder. The court found that the builder’s alleged faulty workmanship was not an “occurrence.”  

The Case

Thomas and Pat Johnson contracted with Jim Carr Homebuilder, LLC, a licensed homebuilder, for

The New Jersey Supreme Court has ruled that, in long-tail, continuous-trigger cases where an insolvent carrier is on the risk along with solvent carriers, an insured first must exhaust the policy limits of the solvent carriers before seeking statutory benefits from the New Jersey Property-Liability Insurance Guaranty Association.  

The Case 

In two consolidated cases involving

A California appellate court has ruled that the term “physical contact” in an insurance liability policy’s “Assault or Battery” exclusion did not require direct “body-to-body” contact.  

The Case 

A nightclub dancer was injured when a patron threw flammable liquid on her and then set her on fire. She sued the club. 

The club’s insurance carrier

A federal district court in Illinois has ruled that an insurance carrier did not have to defend or indemnify the defendant in an environmental lawsuit where it had not provided notice of the suit to the insurer for more than two years.  

The Case

 Fairmount Park, Inc., the successor in interest to Ogden Fairmount, Inc.,

In legal malpractice actions, in order to establish entitlement to relief plaintiffs are generally required to demonstrate that their attorneys were negligent?that is, that they breached their duty of care. While no expert evidence is required to show that the attorney breached his or her duty of care where the “ordinary experience of the fact

After Sarah Ellyn Farley began working at a law firm in 2004, she became a participant in the firm’s profit sharing plan.  In 2006, Farley married Jean Tobits in Toronto, Canada, as authorized under Canadian law. Shortly after her wedding, however, Farley was diagnosed with cancer and died in 2010.

The profit sharing plan required that,

Nearly a decade ago, Congress amended the U.S. Bankruptcy Code to add a new section that was intended to benefit sellers of goods to failing or financially distressed companies. Under this new provision, Bankruptcy Code Section 503(b)(9), a seller of goods is entitled to an “administrative expense claim,” for the goods sold and received by

The New Jersey Supreme Court has ruled that an insurance carrier with an obligation to indemnify and defend an insured has a direct claim for contribution against its co-insurer for defense costs arising from continuous property damage litigation. The court also decided that the contribution claim was not extinguished when the insured gave up its

The U.S. Court of Appeals for the Sixth Circuit has affirmed a district court’s decision that plaintiffs failed to meet their burden of demonstrating that an exception applied to an auto exclusion in a commercial general liability (“CGL”) insurance policy.  

The Case

A Mack truck with an attached tree spade that was owned by a

The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision dismissing a lawsuit alleging that the failure to mention a $1 million self-insured retention (“SIR”) in a certificate of insurance was a material misrepresentation.

The Case

Medical Staffing Network contracted with a hospital to provide the hospital with temporary nursing

A federal district court in Michigan has ruled that an insurance policy’s pollution exclusion barred coverage for criminal charges that were based on an alleged violation of a state-issued air use permit.

The Case

Curtis Metal Finishing Company allegedly operated two zinc-phosphate plating lines at its steel treating facility with a “scrubber” that was offline,