Recent Publications
September 6, 2016 |
The L-1 visa permits employees working abroad to enter the United States and work as a manager, executive, or worker in a specialized knowledge capacity. Many United States companies petition for L-1 visas so that high-level executives can transfer from a foreign office to an existing U.S. office, but employees may also be eligible for
Read MoreSeptember 6, 2016 |
Insurer Need Not Indemnify Insured For Property Damage Attributable To Periods When Liability Insurance Was Unavailable
Keyspan Gas East Corporation brought a declaratory judgment action seeking indem-nification for the costs of environ-mental clean-up at two gas plants. The Appellate Division, First Department, deciding an issue of first impression in New York State appellate courts, held
Read MoreSeptember 2, 2016 |
In a civil case involving claims of insurance fraud, the fact-finder is properly instructed to consider factors beyond the formal indicia of ownership in determining the actual ownership of a medical services professional corporation (PC) for purposes of examining the PC’s entitlement to payment from an insurance carrier of claims assigned to the PC by
Read MoreAugust 31, 2016 |
“Sewage” Is Pollutant Under Pollution Exclusion, New York Federal Court Rules
Families residing near Love Canal sued Roy’s Plumbing, Inc., alleging that its negligence had led to the discharge of hazardous chemicals onto their property and into their homes. Roy’s sought coverage from its insurer, arguing that its policy’s total pollution exclusion did not apply
Read MoreAugust 25, 2016 | |
Nancy Del Pizzo and Gene Kang have published an article entitled, “Cybersecurity Rulings Tap Insurance and Standing Issues,” in the American Bar Association’s Section of Litigation, Intellectual Property, Practice Points section.
To read the article, Click Here.
Read MoreAugust 23, 2016 | |
Tribal Government’s ERISA Claims Against Blue Cross May Proceed, Court Rules
The Little River Band of Ottawa Indians, a federally recognized Indian tribe, entered into an administrative services contract (ASC) with Blue Cross & Blue Shield of Michigan that provided that the Little River Band was a “self-funded” customer of Blue Cross. As provided in
Read MoreAugust 22, 2016 | |
Geoffrey Kaiser has published an article entitled, “False Claims Violations in a Post-Escobar World,” in the August 15, 2016 issue of Corporate Compliance Insights.
Click Here to read the complete article.
© Copyright 2016 Corporate Compliance Insights. All rights reserved.
Geoffrey Kaiser has published an article entitled, “False Claims Violations in a Post-Escobar World,” in
Read MoreAugust 22, 2016 | |
Leonard L. Rivkin, the founding partner of Rivkin Radler, has decades of experience as national trial counsel in high profile, landmark, and precedent-setting cases.
Len served as lead counsel on the Agent Orange class action suit and was national coordinating counsel for a major asbestos manufacturer in claims against the United States and the company’s
Read MoreAugust 22, 2016 |
The six significant insurance law decisions issued this past term by the New York Court of Appeals covered a wide range of issues. Five of the cases were decided by a unanimous Court, with a dissent (by Judge Eugene M. Fahey) occurring only in one.1 Four different judges wrote an opinion for the Court (Judge
Read MoreAugust 18, 2016 |
The U.S. Court of Appeals for the Sixth Circuit, affirming a district court’s decision, has ruled that an insurance company was not obligated to defend an attorney against a lawsuit filed during the pendency of her policy where, years earlier, she “knew or could have foreseen” that the lawsuit would be filed but had not
Read MoreAugust 18, 2016 |
An appellate court in New Jersey, affirming a trial court’s decision, has ruled that a “professional services” exclusion in a commercial general liability (“CGL”) insurance policy issued to an engineering firm precluded coverage for claims against the firm asserting professional negligence.
The Case
EIC Group, LLC, an engineering firm, was sued by New Jersey property
Read MoreAugust 18, 2016 |
The U.S. Court of Appeals for the Fifth Circuit has ruled that, based on a “drilling rig” exclusion, an excess insurer on a marine insurance policy was not required to reimburse its insured for payments in a personal injury settlement.
The Case
An employee of Offshore Energy Services alleged that he was injured while working
Read MoreAugust 18, 2016 |
The Montana Supreme Court has ruled that a policy’s “earth movement” exclusion precluded coverage for a claim that a boulder fell down a hill and damaged an insured cabin.
The Case
A large boulder dislodged from a hillside several hundred feet from a vacation cabin near Sheridan, Montana. The boulder fell down the hillside and
Read MoreAugust 18, 2016 |
A federal district court in Washington has ruled that an insured company was not entitled to coverage for losses caused when a hacker directed one of the insured’s employees to change a vendor’s bank account information on its computer system.
The Case
Aqua Star (USA) Corp., a seafood importer, purchased frozen shrimp from Zhanjiang Longwei
Read MoreAugust 18, 2016 |
The New Jersey Supreme Court has ruled that rain water damage allegedly caused by a subcontractor’s faulty workmanship constituted “property damage” and an “occurrence” under a property developer’s commercial general liability (“CGL”) insurance policy.
The Case
A condominium association in New Jersey sued its developer and general contractor for damage to the interior structure, residential units,
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