Please click the link below to view the New York Insurance Coverage Law Update – 2011 Summary. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

New York Insurance Coverage Law Update – 2011 Summary

A recent decision by West Virginia’s highest court could – if permitted to stand – ultimately require insurers to violate their record retention obligations, destroy broad swathes of business records, and seriously compromise insurer regulatory compliance and anti-fraud activity. The author of this article discusses the decision and its implications.

What started as a tragedy

A severe flood that struck Cedar Rapids, Iowa, in 2008 damaged many of its businesses, including a manufacturing facility owned and operated by Penford Corporation. Penford submitted claims to its insurers, but they asserted that certain policy sublimits capped reimbursement for damages caused by a flood and that those sublimits applied to both property

As a full time employee of Toyota Motor Manufacturing North America, Inc., the plaintiff in this case qualified for and participated in Toyota’s short term disability (STD) and long term disability (LTD) plans. The plaintiff contended in his lawsuit that he met the definition of “disability” under both plans but that he had been wrongfully

Please click the link below to view the Shadowy Risks, Invisible Ruling. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Shadowy Risks, Invisible Ruling

Copyright © 2012 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

Courts across the country – including a number of federal circuit courts of appeals – continue to struggle with the ability of public school districts to discipline students for offensive online speech made off campus.[1] This past April, in Doninger v. Niehoff, the U.S. Court of Appeals for the Second Circuit weighed in on the

The New York State enacted a new law entitled Wage Theft Provention Act (the “Act”) which went into effect in April 2011 for new employees. As outlined in our prior February 2011 Employment Bulletin, the Act requires New York employers to provide written notice of certain wage, payroll and other related information. The required

Insurer Prejudiced From Late Notice

An insurer was given notice five years after an auto accident involving its insured, two years after an action was filed against its insured, after destruction of the truck involved in the accident, and after summary judgment had been granted on the issue of liability (not damages) against its

After their son allegedly injured a man in a bar fight, the injured man’s lawyer sent a letter to the couple’s lawyer stating that he intended to pursue legal remedies against the couple’s son. The couple’s lawyer forwarded the letter to the insurance company that had issued the couple a homeowners’ insurance policy, and

The plaintiff in this case worked as a Sales Support Assistant for National City Corporation and participated in the National City Corporation Welfare Benefits Plan, which was administered by the Liberty Mutual Group. Under the terms of the plan, a participant was eligible for long term disability benefits when he or she became injured or

Please click the link below to view Combating Online Counterfeiting with Help from the Lanham Act. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Combating Online Counterfeiting with Help from the Lanham Act

As this column has frequently observed, insurance fraud in the no-fault arena often leads to litigation and court decisions in both civil suits and criminal cases. Those judicial opinions, to one extent or another, affect the ability of insurance companies to combat fraud by challenging no-fault claims they believe are fraudulent as well as the

Insurer Estopped From Denying Excess Coverage

The general contractor and owner of a construction site sought coverage under an excess insurance policy issued to their subcontractor with respect to an underlying personal injury action. The excess insurer acknowledged coverage and participated in the defense. After partial summary judgment was awarded in favor of

After the minor daughter of the owner of Tri County Contractors, Inc., was involved in an automobile accident, the injured person and his wife sued the Tri County owner and his wife to recover for the injuries sustained in the accident. The plaintiffs obtained a judgment against the Tri County owner and his wife

The Internet continues to lead to interesting issues of personal jurisdiction arising in cases in New York courts. For instance, the New York Court of Appeals has granted leave to appeal in a case in which the plaintiff is asserting claims for defamation and argues that the trial court should assert long-arm jurisdiction over the