After her claim for benefits was denied, the plaintiff in this case, a former employee of Corning Incorporated and a participant in the Corning Incorporated Long Term Disability Plan, sued the plan administrator – the Corning Benefits Committee – for breach of fiduciary duty by virtue of its alleged failure to furnish her with a

The past term’s significant insurance law decisions by the New York Court of Appeals resolved a variety of issues that will alter the practice of insurance law in important ways. Among the most notable of these decisions was K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co.,[1] where the court evaluated the consequences to

Plus ça change, plus c’est la même chose.[1]

It is a lesson that lawyers should take to heart when incorporating technology in their every day best practices.  Technology may have changed the speed, immediacy, and even the formality of communication, but the effect of the communication will be determined by its content as interpreted by

Appellate Court Upholds Jury Decision Finding Health Care Provider’s Fraudulent Incorporation

The Appellate Term, Second Department, upheld a jury verdict finding that a health care provider was ineligible to recover $18 million in no-fault insurance benefits because it was fraudulently incorporated. The appellate court found “ample evidence” that the provider failed to comply with New

The plaintiff in this case sued Paul Revere Life Insurance Co., alleging that Paul Revere had engaged in bad faith and that Paul Revere had breached his disability insurance policy by terminating his disability benefits. The district court dismissed the plaintiff’s bad faith claim, and denied the plaintiff’s two motions for reconsideration.

Shortly before trial

A federal district court in California has ruled that claims of asbestos and other contamination brought by tenants against the owner of their apartment building after it renovated their unit were not covered by the owner’s insurance policy.   

The Case 

Parklyn Bay Company, LLC, owned an apartment building in San Francisco. After

A federal district court in Connecticut has ruled that a homeowner’s first-party claim for mold damage and remediation was not covered by a Limited Fungi, Wet or Dry Rot, or Bacteria Endorsement. The endorsement only covered premises liability claims, the court decided. 

The Case 

After Homestead Country Properties, LLC, found mold in

A federal district court in Tennessee has ruled that a business owner’s insurance policy did not cover claims brought by people who alleged they had been injured in an accident with the insured’s employee, who left a holiday party in his own truck after drinking.  

The Case 

J. O. Adams, who owned

A federal district court in Louisiana has ruled that an umbrella insurance policy excluded coverage for costs incurred in the aftermath of a gas well blowout.  

The Case 

Pioneer Exploration, LLC, operated a gas well in Louisiana under a mineral lease. The well suffered a blowout. After Pioneer incurred costs to remediate the

While a party who agrees to dismiss an appeal pursuant to a settlement agreement may, under some circumstances, be precluded from pursuing a legal malpractice claim against

After a fire damaged a house in Wilson, North Carolina, that was owned by Cully’s Motorcross Park, Inc., its president and sole stockholder, Laurie Volpe, submitted a claim to North Carolina Farm Bureau Mutual Insurance Company, the insurer for Cully’s. Farm Bureau began an investigation and ultimately denied the claim, citing its suspicion that the

N.Y. Court of Appeals Reinstates Bear Stearns’ Complaint for Indemnification of “Disgorgement Payment”

After Bear Stearns settled “late trading” and “market timing” charges with the Securities and Exchange Commission, it sought indemnification from its professional liability and excess insurers for what the SEC had characterized as a “disgorgement payment.” Bear Stearns alleged that a substantial

Montvale Surgical Center, LLC, an outpatient ambulatory surgery center, performed three “medically necessary” spinal manipulation under anesthesia (MUA) procedures on New Jersey resident Gerald Tyska at its facility. Tyska subscribed to a fully-funded group health insurance plan maintained by Coventry Health Care, Inc., and assigned his rights under the plan to Montvale.

Montvale submitted requests

The Supreme Judicial Court of Maine has affirmed a lower court’s ruling in favor of Allstate Insurance Company, finding that claims that its insured had misrepresented the condition of property he sold and failed to disclose the property’s prior use as a junkyard were not covered by his homeowner’s insurance policy.   

The Case 

After Patrick

The U.S. Court of Appeals for the Third Circuit has affirmed a district court’s decision in favor of an insurer, concluding that its policy excluded coverage for actions taken with an intent to cause harm, and that the underlying complaint against the insured alleged “an intent to harm, not recklessness.”  

The Case 

Sylvan Heights Realty