Our Insurance Update for October covers several topics.

We begin with a pair of state high court decisions.  One addresses the elements of a bad faith action in Pennsylvania.  The other, from Nevada, serves as a reminder to insurers that cancellation notices must follow the letter of the law.

We also discuss a pair of

California Federal Court Permits Plaintiff in ERISA Suit to Proceed Under a Pseudonym

The plaintiff in this case, appearing anonymously as John Doe, filed a lawsuit against Lincoln National Life Insurance Company alleging violations of the Employee Retirement Income Security Act of 1974 (ERISA). Specifically, the plaintiff alleged that, since June 12, 2013, he had been disabled,

The United States District Court, Southern District of New York recently held that a legal malpractice action could withstand a law firm’s motion to dismiss when the law firm’s retainer agreement was broadly written and did not clearly define the scope of the firm’s representation.

In Mitchell Barack v. Seward & Kissel, LLP, (Civil Action

For trust and estate attorneys, the big news this summer from Florida was not Hurricane Irma, but Governor Rick Scott’s veto of proposed legislation to legalize what are often called “electronic Wills.” These are Last Will and Testaments that are digitally created, signed and stored online or on a tablet, smart phone or similar electronic

Daniel Furshpan’s article, “How to Successfully Impeach a Witness with Deposition Testimony,” appeared in the September 25, 2017, issue of Trials and Tribulations, the newsletter of DRI’s Trial Tactics Committee.

To read the article, click here.

The National Association of Insurance Commissioners (NAIC) has advanced its Insurance Data Security Model Law (“Model Law”) for likely adoption at its annual Fall National Meeting this December.

The purpose of the new Model Law will be to improve the insurance sector’s ability to respond to cyber incidents. The “insurance sector” includes insurers, agents and

For many of us, September marks the end of summer, back to school, and the return of football.

Sticking with that theme, our September Insurance Update includes two cases by parents whose children had a little too much time on their hands.

Our update also includes two cases involving a common summertime activity – boating. 

Insurer Could Offset Monthly Disability Payments Against Plaintiff’s Part-Time Earnings, Third Circuit Rules

The plaintiff in this case, a gastroenterologist, suffered a debilitating injury to her shoulder and underwent surgery in an attempt to repair the damage. The surgery was only partly successful and the damage from her injury prevented her, for a time, from

So you employ a white supremacist …

Since August’s tragic events in Charlottesville, various social media feeds have identified protesters from the “Unite the Right” rally held on the University of Virginia campus. Several traditional media outlets have reported that subsequent public shaming of those identified as participants in the rally has caused companies to

Steven Shapiro has published an article in Natural Products Insider entitled, “A Legal Look at the Definition of ‘Clean Label’.”

Click here to read the article.

Equifax’s response to its recent data breach is evolving, and so should yours.

Piling on to the initial public fury regarding Equifax’s announcement of its data breach weeks after it occurred is the outrage that many feel about the credit reporting agency’s response.

Cyber pundits and the public at large were particularly peeved by Equifax’s

Kate Heptig’s article, “Equal Isn’t Always Fair: How to Divide Founders’ Equity,” appeared in VC-List, an online publication for the venture capital industry.

To read the article, click here.

Yesterday, Equifax, a company whose credit services are central to the financial activities of virtually every American, announced a massive security incident described by its CEO as an event that struck at the heart of what Equifax does. Approximately 143 million U.S. consumers had personal information, such as their names, social security numbers, birth dates

The Trump administration announced on Tuesday that it would end the Deferred Action for Childhood Arrivals program, known by the acronym “DACA.” The administration has, in effect, delayed the termination of DACA to allow Congress to pass legislation providing legal status to DACA recipients. Employers should know the implications for their obligations to verify work

Insurer Failed To Demonstrate Insured’s Noncooperation, Second Department Rules

The claimant sued ML Specialty Construction, Inc., alleging that her property had been damaged by construction work performed by ML on a neighbor’s property.  ML’s insurer retained counsel to defend ML. The insurer disclaimed coverage on the ground that ML stopped cooperating after five years, and