“Vertical Exhaustion” Of Primary Policies Triggered Excess, But Excess Policies’ Prior Insurance Provision Limited Insured’s Recovery, Second Circuit Holds 

Olin Corporation, a chemical manufacturer, contended that an excess insurer that had issued three consecutive annual policies had to indemnify it for environmental con-tamination that had taken place over a number of years at several manufacturing

The one thing that can be said about the most significant insurance law cases decided by the Court this past term: They all were decided in favor of the insurance carriers.

It was a term of transition for the New York Court of Appeals, with Associate Judge Eugene Pigott Jr., retiring at the end of

Stuart Gordon and Matthew Spero have published an LexisNexis Emerging Issues Analysis on “Supreme Court Rejects ‘Structured Dismissals.’ Now What?

Click here to read the analysis.

Jay Kenigsberg’s article entitled, “United States v. Ulbricht: Dread Pirate Roberts Pushes the Envelope of the Fourth Amendment,” was published in the September 2017 issue of Pratt’s Privacy & Cybersecurity Law Report.

Click here to read the Report.

New York Attorney General Eric Schneiderman recently announced a settlement with healthcare services company CoPilot Provider Support Services, Inc. (“CoPilot”), which was charged with unlawfully delaying patient notification of a data breach that involved more than 220,000 patient records. CoPilot waited over a year to notify patients of the breach of their protected health information.

Alan Rutkin’s article entitled, “Cyber Concerns,” has been published in the August 2017 issue of Best’s Review magazine. The article discusses how spyware, installed on computers by retailers, led to lawsuits involving insurance companies.

Click here to read the article.

Best’s Review:  August 2017. Copyrighted A.M. Best Company, Inc. 2017.  All Rights Reserved, Reprinted with Permission.

It is a truism that law often lags technology. Near the end of the U.S. Supreme Court’s past term, the court issued a decision in which the majority opinion, by Justice Anthony Kennedy, recognized the importance of social media in most people’s lives. The ramifications of the court’s statements about social media, in Packingham v.

Claims Administrator Did Not Wrongly Deny Benefits to Ex-Employee, Seventh Circuit Rules

The plaintiff in this case was hired by General Motors as an electrical engineer in 1991. A year later, General Motors circulated a “summary plan description” detailing the disability benefits available to its employees. This document provided that employees who became disabled before accruing

Agreement That Settled Arbitrations Also Barred Former Employee’s ERISA Action, Ninth Circuit Says

In December 2010, the plaintiff in this case, a physician, filed wrongful termination lawsuits against Kaiser Foundation Hospitals (Kaiser) and The Permanente Medical Group, Inc. (TPMG). Both of those lawsuits were consolidated in arbitration. The plaintiff, Kaiser, and TPMG settled those arbitrations in

The United States Court of Appeals for the Second Circuit has recently held that notice to an employee that she will be terminated is sufficient to form the basis of a Title VII of the Civil Rights Act of 1964 (“Title VII”) and Family and Medical Leave Act (“FMLA”) claim against the employer even if

On June 22, 2017, a New York appeals court took aim at Gov. Andrew Cuomo’s Executive Order No. 38. The executive order and the accompanying Department of Health (“DOH”) regulations have been the subject of controversy and appeal since their 2012 debut.

The New York State Appellate Division, Third Department, in Leadingage N.Y., Inc. v.

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) recently entered into a settlement with AnMed Health (“AnMed”), a South Carolina hospital, for over $1.2 million for a violation of the Emergency Medical Treatment and Labor Act (“EMTALA”). The settlement serves as an important reminder and clarification on the obligations imposed

We bring you our Insurance Update for August.

We lead off this month’s issue with a cybercrime case decided by a Michigan federal district court. The case arises out of a spoof email and the issue is whether the loss was directly caused by the use of a computer. A handful of cases involving similar

No Additional Insured Coverage Where Alleged Accident Occurred Off Leased Space

An employee of Linea 3 allegedly was injured in the parking lot while walking from his car to space Linea leased in a building owned by Atlantic Ave. Sixteen AD, Inc. The employee sued Atlantic, which sought additional insured coverage under Linea’s policy. The

Nancy Del Pizzo’s article, “Minimizing Legal Risks When Using the Word ‘Organic’,” appeared in the July/August issue of Nutrition Industry Executive.

The article details the U.S. Department of Agriculture’s requirements for the use of the word “organic” as well as what is considered false and misleading advertising for organic products.

To read the article, click