No Coverage For Landlord As Additional Insured, Court of Appeals Decides

A landlord was an additional insured under a commercial general liability policy issued to a tenant “only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to [the tenant].” The New York Court

After Attsgood Realty Company was sued for lead poisoning injuries allegedly sustained by a young child, the court entered judgment against Attsgood for $850,000. Attsgood’s insurer contended that the child had been exposed to lead poisoning in a house in Baltimore from January 17, 1991, to August 1995 (55 full months), and that it

After the plaintiff in this case brought suit to challenge a denial of long term disability benefits, the district court concluded that the complaint was time-barred by a limitation-of-actions clause in the plan. The plaintiff appealed.

The plan, issued by Hartford Life and Accident Insurance Company, generally prohibited a claimant from bringing a lawsuit more

There were a large number of new state and federal employment laws, employment regulations and court decisions in 2011-2012 involving employment law which affects both employers and employees.  Lawyers must be aware of these new issues when representing their clients and law firms as employers must comply with these new requirements.  This article will briefly

Insurer Precluded From Delaying Disclaimer On Valid Ground While Investigating Other Grounds

An insurer that had sufficient information to disclaim coverage on the ground of late notice issued a disclaimer on that ground nearly four months later. The Appellate Division, First Department, ruled that the disclaimer was ineffective pursuant to New York Insurance Law

After a condominium unit owners association sued the project’s general contractor, the general contractor filed a third party complaint against several subcontractors. The general contractor’s commercial general liability insurer defended the general contractor and paid to settle the state court litigation. The insurer then sued the subcontractors’ insurers, seeking equitable contribution.  A federal district

Please click the link below to view The Dishonesty, Personal Profit, and Money Laundering Exclusions in D&O and E&O Insurance. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

The Dishonesty, Personal Profit, and Money Laundering Exclusions in D&O and E&O

Under the common law “mailbox rule,” the proper and timely mailing of a document raises a rebuttable presumption that the document was received by the addressee. A recent decision by the U.S. Court of Appeals for the Sixth Circuit in a case involving a claim for short term disability benefits makes it clear, however, that

Rescission of an insurance policy based on a policyholder’s material misrepresentations during the application process is one of the most potent weapons that an insurance company has to combat insurance fraud. A proper rescission not only results in a denial of a particular claim, but voids the policy. 

On a national basis, insurance companies’ interest

Employee May Receive Uninsured Motorist Benefits From Self-Insured Employer Despite Workers’ Compensation Law

An employee of a self-insured employer was injured in an accident while driving the employer’s car. The person driving the other car did not have liability insurance, and the employee sought uninsured motorist benefits from his employer. The employer contended that

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

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