Here’s what we discuss in our October Insurance Update.

Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”

Massachusetts (federal): Insurer May Consider Sums Uninsured Party Would Have Paid Under Joint Defense Agreement When Assessing Costs Reasonably Related to Insured’s Defense

Delaware: Professional Services Exclusion Does Not Apply to False

The U.S. Supreme Court has granted certiorari in two cases involving government officials who blocked individuals from their social media accounts.

One of the cases, Garnier v. O’Connor-Ratcliff, 41 F.4th 1158 (9th Cir. 2022), cert. granted, O’Connor-Ratcliff v. Garnier, No. 22-324 (Apr. 24, 2023), was decided by the U.S. Court of Appeals for the Ninth Circuit.

New York State and Connecticut have recently enacted laws that prohibit “geofencing” near health care facilities. The New York State law took effect on July 2, 2023, and Connecticut’s on October 1, 2023. These geofencing laws, enacted partly in response to the Supreme Court Dobbs decision (to prevent advertisers from targeting people receiving reproductive services),

Please see here for a more recent article reflecting the November 2023 updates to the Corporate Transparency Act.

The Corporate Transparency Act (CTA) will affect most small, privately held businesses starting January 1, 2024. Does the CTA apply to you?

What is the CTA?
The CTA, a law enacted by Congress, will require certain

Here is what we cover in this issue of Employment Law Reporter Autumn 2023:

• The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York dismissing a plaintiff’s employment discrimination and defamation claims arising from her termination.
• The U.S. District

Did you know that actions can be taken after you die (i.e., post-mortem) to achieve the best results possible for your testamentary plan? Some estate plans are intentionally structured to give your beneficiaries and your executor/trustee the ability to make educated post-mortem planning decisions after your death.

For instance, bequests can be altered through post-mortem

Daniel Furshpan co-authored the article “Recent Developments in Employment and Labor Law,” published in the Tort Trial & Insurance Practice Law Journal, a publication of the American Bar Association.

Click here to read the full article.

©2023. Published in Tort Trial & Insurance Practice Law Journal, Vol. 58, No. 2, Summer 2023, by the American Bar Association.

Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions

Two employees of Extreme Residential Corp. were involved in a construction accident on July 30, 2019, and they sued several entities involved in the project who, in turn, filed a third-party action against Extreme. Extreme’s insurer,

We touch upon several topics in our September Insurance Update.

We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the courts address whether an insurer can maintain a late notice defense when it was aware of the suit

This article addresses the “Texas Two-Step” litigation strategy when it comes to bankruptcy and discusses whether this strategy of utilizing the Chapter 11 process to handle mass tort litigation claims is fair, effective and will survive the scrutiny of the courts.

Mass-tort bankruptcy cases have been capturing headlines recently. Everyday household names have sought bankruptcy

Aretha Franklin, the Queen of Soul, died in Michigan in 2018, leaving not one but two handwritten wills. The 2010 will was found in a locked cabinet, signed on every page and notarized, while the 2014 will, which the courts would usually view as superseding the first and which was written in a spiral notebook

Like it or not, technological changes are on the horizon for the legal profession. This article highlights how lawyers will need to consider the ways in which technology tools can improve the way they serve insurers—while also being aware of the risks.

Thanks to the COVID-19 pandemic, technology has changed how lawyers serve insurers. The

In 1992, New York became the first state in the nation to enact a decanting statute, namely, New York Estates, Powers and Trusts Law (EPTL) 10-6.6. The statute subsequently was modified several times. The 2011 amendment was notable because it greatly liberalized the statute’s application. Today, New York’s decanting statute is a tool frequently used

In our previous article, we detailed the role and importance of the letter of intent (LOI) in establishing a framework for selling a dental practice. Now we will discuss the next step in the transaction – performing due diligence.

Due diligence is the process through which each party evaluates the other party(ies) to determine whether

The U.S. District Court for the Southern District of New York has denied defense motions to dismiss federal healthcare fraud conspiracy charges predicated on allegations that the defendants falsely represented to no-fault automobile insurance carriers that five medical professional corporations were owned, operated, and controlled by physicians in accordance with New York law.

The decision