Recent Publications


Supreme Court of Texas Rules That Coverage Was Precluded by Policies’ “Leased-In Worker” Exclusion
July 19, 2016 | Insurance Coverage

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

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Supreme Court of Washington Rules That Policy Unambiguously Excluded Coverage for Water Damage Immediately Upon Vacancy
July 19, 2016 | Insurance Coverage

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

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Supreme Court of Colorado Rules That Extrinsic Evidence Could Not Create Ambiguity in Policy
July 19, 2016 | Insurance Coverage

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

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Supreme Court of Wisconsin Holds That “Four-Corners Rule” Does Not Permit Consideration of Extrinsic Evidence
July 19, 2016 | Insurance Coverage

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

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Supreme Court of Wisconsin Holds That “Four-Corners Rule” Includes Consideration of Exclusions
July 19, 2016 | Insurance Coverage

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

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Infringement of Adult Images Ex(xx)ed Out of Coverage
July 19, 2016 | Intellectual Property | Insurance Coverage

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

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Health Care Compliance: Tips For A Corporate Body Self-Exam
July 14, 2016 | Compliance, Investigations & White Collar | Health Services

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

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When Can a State Prosecute a Multistate Insurance Fraud?
July 8, 2016 | Appeals

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

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Permissible Questions to Ask about Job Applicant’s Immigration Status
July 7, 2016 | Corporate | Commercial Litigation | Appeals

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

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Excess Policies Required Actual Payment of Underlying Limits Before Coverage Was Triggered, N.Y. Bankruptcy Court Rules
July 7, 2016 | Bankruptcy

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.

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Employee Benefit Plan Review – From the Courts – July 2016
July 1, 2016 | Insurance Coverage

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

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New York Insurance Coverage Law Update
June 29, 2016 | Insurance Coverage

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

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Employee Benefit Plan Review – From the Courts – June 2016
June 22, 2016 | Insurance Coverage | Labor & Employment

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

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Allegations of Developer’s Intentional Conduct Doomed Coverage Bid
June 21, 2016 | Insurance Coverage

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

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Reservation of Rights Letters Preserved Coverage Defenses
June 21, 2016 | Insurance Coverage

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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