The Alaska Supreme Court has affirmed a decision rejecting a bad faith claim against an insurer and awarding the insurer attorney’s fees and costs.  

The Case

On the morning of September 3, 2000, Alya Landt and Innocent Dushkin ? both of whom were intoxicated ? were in a rented truck that Landt was driving. The

Various social media tools, from TwitPic and Instagram to Flickr and Pheed, enable ? indeed, encourage ? users to post their photos online.[1]  Posting a “real time” image from the Mideast, a political event, the Super Bowl, or a snowstorm can be informative and even exhilarating for both the poster and the viewer.  However, there

Geoffrey (Jeff) Kaiser is a frequent speaker on the subject of off-label marketing and has published an article on the Second Circuit’s decision in United States v. Caronia, of which Jeff has a unique insider’s perspective, having handled the government’s investigation as Chief of Health Care Fraud Prosecutions in the United States Attorney’s Office for

 Court, Not Arbitrator, Must Decide Whether Accident Involved an Uninsured Motorist

After Alexander Aizin was involved in a motor vehicle accident, he sought arbitration of his claim against his automobile insurer for uninsured motorist benefits. The insurer moved for a stay of arbitration, arguing that, based upon the police accident report, Aizin was not involved

The plaintiff in this case, who worked for GKN North America Services until January 2009 when she stopped due to persistent pain from various medical conditions, filed a claim for disability benefits under an insurance policy issued by Hartford Life and Accident Insurance Company. The plaintiff received short term disability benefits through July 21, 2009,

Does a homeowner’s policy cover a claim asserting that the insured was negligent when he placed a handgun on the victim’s neck and pulled the trigger? The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court decision finding that there was no coverage in this case.  

The Case 

A federal district court in Virginia has ruled that an assault or battery exclusion barred coverage for claims allegedly arising from a fight at a billiards tournament.  

The Case 

The plaintiff in this case filed a premises liability lawsuit against The Locker Room, LLC, alleging that he was injured in a fight that took place

A Pennsylvania federal district court has ruled that complaints against a funeral director who had been convicted of crimes involving the unlawful taking and sale of body parts did not allege an “occurrence” and that none of the alleged damages met the definitions of “bodily injury” or “property damage.” 

The Case 

The case involved

A Minnesota appeals court has ruled that an insurance policy that expressly excluded coverage for claims arising from an alleged contract breach by the insured also excluded coverage for other statutory claims related to the alleged breach – and that the insurer was entitled to recover the defense costs it had previously advanced.  

The Case 

Please click the link below to view the Trusts, Estates & Taxation Newsletter – Winter 2013. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Trusts, Estates & Taxation Newsletter – Winter 2013

Our state constitution and statutes provide that each one of the counties of the State of New York has its own Judge of the Surrogate’s Court, commonly referred to as the “Surrogate”.  The laws allow, when necessary, that a county may have more than one Surrogate.  As of the time of the writing of this

Under certain circumstances, a designated agent under a power of attorney (“POA”) has the authority to amend an irrevocable trust.  New York recently supported this authority in the Second Department case, Perosi v. LiGreci, 98 A.D.3d 230 (2012).
There are many variables involved to determine whether an agent (also referred to as an attorney-in-fact) has

In our fall newsletter, we advised you of the intense review given a residency audit.  In the second part of this article, we have outlined the following steps that should be taken to successfully transition into a new domicile:

• Declare your new state to be your place of domicile and residence in all forms

The fiscal cliff was averted on January 1, 2013 with the passage of the American Taxpayer Relief Act of 2012 (Act) which was signed by President Obama on January 2, 2013.  The new law eliminates the “sunset” provisions of the 2001 and 2003 tax cuts, offering an increased degree of stability even with the tax

Court Holds Insurer Was Prejudiced By Late Notice That Resulted In Lost Opportunity To Investigate

After the roof of a commercial building in New York City collapsed, the second floor and roof were demolished and removed as ordered by the City.  Approximately 5½ months later, the insurer of the contractor that performed work on the