Court Denies Motion to Dismiss on Failure to Exhaust Grounds When Plan Documents Were Apparently Silent with Respect to Exhaustion

The U.S. district court in Connecticut recently denied a claim administrator’s motion to dismiss a Complaint seeking short-term disability benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act of

A stranger-originated life insurance (STOLI) policy is a life insurance policy obtained as an investment for a stranger, rather than for the benefit of the insured’s beneficiaries. Public policy disfavors STOLI policies because, among other things, legislators consider them to be wagers on human life. See, e.g., N.Y. Ins. Law §7815(c) (“No person shall directly

First Department Finds Additional Insured Coverage Under Policy Issued To Claimant’s Employer

United Interior Renovations contracted with and obtained additional insured coverage for All State Interior Demolition under United’s policy for bodily injury caused, in whole or in part, by United’s acts or omissions. United’s employee was allegedly injured and sued All State, but

On February 20, 2019, The Department of Homeland Security (DHS) sent the Office of Management and Budget a proposed rule that would eliminate the work authorization for those present on an H-4 visa. The proposed termination of work authorization has the potential to drastically affect the companies that employ H-4 workers.

Proactive employers can avoid a disruption

As of January 2019, following a months-long break in the cases due to judicial transition, at least 70 lawsuits arising from the accidental destruction of human embryos and eggs were pending in Ohio state courts. The cases highlight the complex questions surrounding the legal status of embryos and, by consequence, theories of liability for the

11th Circuit Holds ERISA Plan’s Anti-Assignment Provision Bars Third-Party Doctor’s Claim for Reimbursement for Services 

The Employee Retirement Income Security Act of 1974 (ERISA) provides that plan participants and plan beneficiaries may bring a private civil action to recover benefits due under the terms of a plan, to enforce rights under a plan, or to

The image of the Internet as an unregulated Wild West, untouched by government action, is one that some find attractive. But it is not accurate, as illustrated by a number of important actions taken in recent weeks by the New York State Attorney General’s office, including one it took in conjunction with representatives of dozens

Commentary:

Those who bet the spread in football games know that the being the home team is worth three or so points. Teams fight all year to have home field advantage in the playoffs.

In lawsuits, being the home team also matters. If you are going to be sued, or if you intend to bring

State high courts have been busy deciding insurance coverage questions.  Our February Insurance Update addresses seven rulings handed down over the past month.

• The Idaho Supreme Court considers whether a Facebook post triggers the prior publication exclusion in a trademark infringement claim.
• The Iowa Supreme Court tackles the case of efficient proximate cause and

Alan Rutkin’s article entitled “Money? Or Not?” has been published in the February 2019 issue of Best’s Review magazine. The article speaks about questions that may arise in several financial sections, including insurance, with the use of bitcoin and other forms of cryptocurrency.

Click here to read the article.

Best’s Review:  February 2019. Copyrighted A.M.

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2018.

New York Insurance Coverage Update — Compilation 2018

Second Circuit Finds Duty To Defend Alleged Advertising Injury Claim

Buyer’s Direct Inc. asserted that a slipper manufactured by High Point Design, LLC, infringed on Buyer’s Direct’s design patent. High Point sought a declaratory judgment that its slipper did not infringe, and Buyer’s Direct counterclaimed for patent and trade dress infringement. High Point sought defense

On January 31, the Department of Homeland Security (DHS) will publish a final rule changing the H-1B lottery system. The final rule implements the proposed two changes discussed earlier here.

According to the DHS announcement, “The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular

Waymo – the self-driving technology subsidiary of Google parent Alphabet Inc., – launched a self-driving taxi service in Phoenix at the end of 2018. As companies continue to speed into the autonomous vehicles space, the birth of this industry is raising unprecedented issues. Policy-makers, insurers, automobile manufacturers, employers, and others are encouraged to begin considering

U.S. District Court in Illinois Holds Two Benefit Plans Exempt from ERISA Under ERISA’s Church Plan Exemption, and Upholds Exemption’s Constitutionality

The Employee Retirement Income Security Act of 1974 (ERISA) exempts “church plans” from its requirements. A federal court in Illinois recently considered whether certain plans sponsored by a non-profit corporation associated with an Order