Recent Publications
July 19, 2016 |
The Supreme Court of Texas has ruled that a “leased-in worker” exclusion in commercial general liability insurance policies precluded coverage of a claim brought by parents whose son had died in an accident on a drilling rig.
The Case
After an accident on a drilling rig, a deceased worker’s parents sued the company that owned
Read MoreJuly 19, 2016 |
The Supreme Court of Washington has ruled that an insurance policy unambiguously excluded coverage for water damage to the insured building immediately when the building became vacant.
The Case
Kut Suen Lui and May Far Lui owned a building containing tenant space, but the building’s last tenant left the building in the first week of
Read MoreJuly 19, 2016 |
The Supreme Court of Colorado has ruled that extrinsic evidence could not create an ambiguity in an insurance policy but only could be used as an aid to ascertaining the intent of the parties once an ambiguity was found.
The Case
After Jennifer Hansen was injured in a motor vehicle accident, she presented an underinsured
Read MoreJuly 19, 2016 |
The Supreme Court of Wisconsin has ruled that there is no exception to the “four-corners” rule that permits courts to consider extrinsic evidence after an insurer had decided that it had no duty to defend the insured.
The Case
Water Well Solutions Service Group Inc. was hired by the City of Waukesha to replace a
Read MoreJuly 19, 2016 |
The Supreme Court of Wisconsin has ruled that the “four-corners rule” includes consideration of exclusions in an insurance policy.
The Case
From 2007 to 2009, a number of lawsuits involving Titan Global Holdings, Inc., and the trustee of two trusts that owned a controlling interest in Titan were filed throughout the country.
The trustee provided
Read MoreJuly 19, 2016 | |
The U.S. District Court for the Western District of Texas recently rejected an attempt by two online content providers to secure coverage in connection with a copyright infringement action commenced against them by an adult entertainment company.[1]
Perfect 10, Inc. (“Perfect 10”) filed an action against Giganews, Inc. (“Giganews”) and Livewire Services, Inc. (“Livewire”) for
Read MoreJuly 14, 2016 | |
Given the proliferation of health care regulations and white-hot spotlight of government enforcement efforts, it is becoming increasingly important for all health care organizations, ranging from small physician practice groups to large regional or national health systems, to attain a heightened level of selfawareness concerning areas in which they could be vulnerable to allegations of
Read MoreJuly 8, 2016 |
Recent examples of criminal insurance fraud in New York1 and elsewhere across the country2 highlight the continuing nature of the insurance fraud problem, despite significant efforts by local and state prosecutors and insurance companies themselves to combat it.
Increasing sophistication on the part of criminals, and increased resources available to them, is helping to make
Read MoreJuly 7, 2016 | | |
The Office of Special Counsel for Immigration-related Unfair Employment Practices (“OSC”) at the U.S. Department of Justice recently issued Technical Assistance Letter (“TAL”) regarding employer compliance with the anti-discrimination provision of the Immigration and Nationality Act (“INA”). The OSC concluded that an employer does not violate anti-discrimination laws by 1) refusing to hire all applicants
Read MoreJuly 7, 2016 |
A federal bankruptcy court in New York, overseeing the case of a debtor facing approximately 275,000 asbestos-related personal injury claims, has ruled that the debtor’s underlying insurance policies must be exhausted by actual payment before its excess insurance policies are triggered. The bankruptcy court’s decision, in In re Rapid-American Corp., Case No. 13-10687 (SMB), Adv.
Read MoreJuly 1, 2016 |
Court Upholds Administrator’s Ruling That New Plan Did Not Include Claimed Benefit
The plaintiff in this case was hired as an electrical engineer for Delco Electronics, a division of General Motors (GM), in 1991. The plaintiff was enrolled in an insurance plan covered by GM (the 1992 GM Plan) and was made aware of the
Read MoreJune 29, 2016 |
Health Insurer That Paid Insured’s Medical Bills May Not Demand Reimbursement From Insured’s No-Fault Carrier, N.Y. Court Of Appeals Rules
After Luz Herrera was injured in a car accident, her health insurer, Aetna Health Plan, paid bills submitted by her medical providers. Aetna subsequently sought reimbursement from Herrera’s no-fault automobile insurer, Hanover Insurance Company, alleging
Read MoreJune 22, 2016 | |
Relying on Dudenhoeffer, Court Dismisses Action Against ERISA Fiduciary Based on Publicly Available Information
The plaintiff in this case was a former employee of J.C. Penney Corporation, Inc., a retail department store, who purchased and held J.C. Penney common stock in her retirement account through the J.C. Penney Savings Profit-Sharing and Stock Ownership Plan. The
Read MoreJune 21, 2016 |
An appellate court in Illinois, affirming a trial court’s decision, has ruled that an insurance company did not have to defend or indemnify a developer in connection with a lawsuit alleging that the developer had failed to properly install a roof system, or to correct the defect in the roof system, where the complaint did
Read MoreJune 21, 2016 |
The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the Western District of Pennsylvania, has ruled that insurers had preserved their coverage defenses by mailing reservation of rights letters to their policyholders.
Background
After discovering the discharge of sewage and other waste on their property, Randy
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