Joel and Evelyn Hirschhorn owned a vacation home in Wisconsin that was covered by a homeowners insurance policy that insured the home, along with structures and personal property located at the insured property, against “accidental direct physical loss.” It also contained a pollution exclusion clause that excluded from coverage any loss “resulting directly or

The plaintiff in this case began working at a senior living facility operated by Brookdale Senior Living Communities, Inc., in Pompano Beach, Florida, on October 5, 2008. She was terminated 11 months later, in September of 2009. In June 2009, the plaintiff advised Brookdale that she was pregnant and would be requesting leave under the

In its ongoing efforts to address the “rapid growth of the Internet, including social media tools and other emerging technologies,” and its use by medical professionals, consumers and drug and medical device manufacturers and distributors, the Food and Drug Administration (FDA) recently issued a draft guidance proposing ways that a drug or device company may

More and more automobile insurance companies seek to combat no-fault insurance fraud by suing health care providers and others for fraudulently obtaining or seeking to obtain benefits[1] under New York’s no-fault law.[2] These lawsuits often combine claims to recover monies paid to the providers with a declaratory judgment action as to claims denied and/or not yet

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