Although Court Recognizes Claimant Has Burden to Show Exception to Limitation Applies, It Rejects Claim Administrator’s Determination and Awards Claimant Benefits

A federal district court in California has held that a plaintiff was eligible for additional long term disability benefits under a welfare benefit plan governed by the Employee Retirement Income Security Act of 1974

Larry Levy authored an article published in Westlaw Journal Insurance Coverage titled, “Chit Happens: Cyberfraud Coverage Decisions Based on Use and Causation.” The article was also included in Westlaw Journal Computer & Internet.

The article discusses cyber-related fraud, theft, cybercrimes and the new insurance products developed to address them.

Click here to read the full

Court Holds Additional Insured Not Entitled To Indemnification Without Proof Named Insured Was A Proximate Cause Of Injury

A subcontractor’s employee sued the construction manager for a Manhattan project for injuries the subcontractor’s employee allegedly sustained while working on the project. The construction manager sought a defense and indemnity as an additional insured under the

Health insurance fraud continues to be a problem in New York as well as nationally. Nothing may illustrate this better than two recent reports, one issued by New York’s Department of Financial Services (DFS) and the other issued jointly by the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services

Stu Gordon, Michael Cannata and Frank Misiti’s article, “Dealer’s Choice: First Circuit Allows Licensor to Reject Trademark License in Bankruptcy,” was published in The New York Intellectual Property Law Association’s spring newsletter.

Click here to read the article.

Eric Strober’s article, “Insurers and Defendants Take Note: There Has Been a Monumental Change to Negligence Litigation in New York” was published in the Eye of the Experts column in FC&S Legal.

Click here to read the full article.

Stella Lellos published an article in VC-List entitled, “Startup Term Sheets: Suggestions for Successful Negotiation.” The article highlights the importance of a term sheet, describes some of its important terms and discusses the perspective of the venture capitalist who will lend money to an early-stage company.

Click here to read the article.

Appellate Division Remands Case To Determine If § 3420(d) Triggered By Insured’s “Substantial Business Presence” In New York

A subcontractor’s employee sued the general contractor for alleged injuries sustained while working on a New York City subway station construction project. The subcontractor’s insurer disclaimed additional insured coverage to the general contractor based on an exclusion,

Due to a recent Supreme Court decision, internet sellers may now be required to collect and remit sales taxes in states in which they have no physical presence.

In the landmark case of South Dakota v. Wayfair, Inc., decided on June 21, the Court overturned its prior decisions that had provided that an out-of-state seller

On June 11, 2018, the United States Supreme Court held, in a 8-1 decision, that applying Minnesota’s revocation-upon-divorce statute to a life insurance policy issued prior to the enactment of the statute does not violate the Contracts Clause of the Constitution. The Contracts Clause provides that “[n]o state shall . . . pass any Law

Fifth Circuit Affirms Decision Denying Attorney’s Fees to Insurer in ERISA Action

A party in a case under the Employee Retirement Income Security Act of 1974 (ERISA) may be eligible to recover its attorney’s fees under 29 U.S.C. § 1132(g)(1) if it achieved “some degree of success on the merits.” District courts have broad discretion

Determining the appropriate standard of judicial review is the threshold issue a court decides when reviewing an adverse benefit determination under the Employee Retirement Income Security Act of 1974 (ERISA). If the court applies the arbitrary and capricious standard of review, it gives deference to the administrator’s determination. By contrast, if it reviews the determination

In late May, District Judge Naomi Reice Buchwald of the Southern District of New York issued her decision in Knight First Amendment Institute at Columbia University v. Trump, No. 17 Civ. 5205 (NRB) (S.D.N.Y. May 23, 2018), granting summary judgment to the plaintiffs and holding that President Donald Trump and Daniel Scavino, the White House

Crime, in one form or another, is the theme underlying many of the decisions discussed in our June Insurance Update.

We begin with cybercrime.  The 11th Circuit weighs in on the recurring debate over when a loss results “directly” from the use of a computer.

We then move to the Fourth Circuit, which decides if

The Department of Health issued guidance in May 2018, about a law, which took effect on April 1, 2018, that places a two-year moratorium on the processing and approval of applications for Licensed Home Care Services Agencies (LHCSAs). The moratorium applies to applications that have not yet been submitted as well as to those that