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

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

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

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

An appellate court in Kentucky, affirming a trial court’s decision, has ruled that the criminal acts exclusion in a homeowner’s insurance policy precluded coverage for claims that the insured homeowner shot a boy in front of his home after brandishing a loaded shotgun.

Background

A homeowner shot a 12-year-old boy in front of his home

The wear and tear exclusion in a homeowner’s insurance policy precluded coverage for a partial roof collapse to the insureds’ home, the U.S. Court of Appeals for the Tenth Circuit has ruled.

Background

A home owned by Eugene and Diane Gallegos in Colorado suffered a partial roof collapse caused, at least in part, by the

The U.S. District Court for the District of New Jersey has ruled that a parachute jumping exclusion in an airport liability insurance policy precluded coverage for a lawsuit brought by a man injured in a skydive at the airport.

Background

A man injured in a skydive sued Skydive Sussex, LLC, and Sussex Airport, Inc., which

Only days after the Federal Communications Commission (FCC) adopted a notice of proposed rulemaking to establish privacy guidelines applicable to Internet service providers (ISPs),1 the Federal Trade Commission (FTC) took two actions on the privacy front that will affect a smaller, but fast growing, industry: developers of mobile health applications. Given the pervasive use of

Alan Rutkin, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, has published an article entitled, “A Broad Brush,” in the June 2016 issue of Best’s Review.

Click here to read the article.

Best’s Review:  June 2016. Copyrighted A.M. Best Company, Inc. 2016.  All Rights Reserved, Reprinted with Permission.

Businesses that peddle counterfeit goods beware.  According to a recent decision by the Second Circuit, the advertising injury provisions of a standard general liability policy do not obligate an insurer to indemnify its insured for damages resulting from the insured’s sale of counterfeit goods.  Given that the MSRP for all goods seized by the Department

An L-1 visa permits multinational companies to transfer qualifying employees from their foreign office to their United States office or to the office of its parent, branch, subsidiary, or affiliate in the United States.  L-1 visas allow multinational companies to facilitate their expansion and to help establish an office in the United States. L-1 visas

N.Y. Court Of Appeals Finds That “All Sums” Allocation And “Vertical” Exhaustion Apply In Asbestos Coverage Case Based On Policies’ Language

Viking Pumps, Inc. faced significant potential liability in connection with asbestos claims. As its primary and umbrella coverage neared exhaustion, litigation arose regarding whether Viking was entitled to coverage under excess policies issued to

Geoffrey Kaiser has published an article entitled, “The Epistemology of Fraud – Supreme Court Ruling Could Expand Reach of False Claims Act” in the May 31, 2016 issue of Corporate Compliance Insights.

Click here to read complete article.

© Copyright 2016 Corporate Compliance Insights.  All rights reserved.

Board Requires Disclosure Of Unredacted Documents

The Board granted a motion by Intex Recreation Corp. and Intex Marketing Ltd. (“Intex”) to compel The Coleman Company, Inc. (“Coleman”) to produce unredacted versions of certain documents.  Coleman claimed that the redacted information was either irrelevant or confidential.  Intex argued in response that relevance is not an

A new bill has been introduced in the New York Senate that would require the Department of Health to promulgate rules governing all upper endoscopic procedures, including all examinations of vocal cords, esophagus, and stomach that utilize a flexible endoscopic instrument. Approximately ten million upper endoscopic procedures are performed in the United States each year.