The U.S. District Court for the Southern District of New York, applying Georgia law in an asbestos coverage dispute, has adopted a “pro rata” approach to determining the responsibility of insurance carriers for indemnity and defense costs and has ruled that the insured – not the insurers – was responsible for an insolvent insurer’s obligations.

The Substance Abuse and Mental Health Services Administration (SAMHSA), a branch of the federal Department of Health and Human Services (HHS), has published a proposed rule that would amend 42 CFR Part 2 (commonly referred to as “Part 2”) which governs confidentiality of drug and alcohol abuse patient records. Part 2 was last revised in

Many medical devices used in modern medical care—from pacemakers to robotic surgical equipment and CT scanners—contain embedded software.  The amount of software content built into devices doubles about every two years, as advances in computer technologies encourage production of new generations of devices with ever more functionalities.  In addition, more and more medical devices are

Ottawa Hospital in southeast Ontario, Canada; Hollywood Presbyterian Medical Center in Los Angeles; Lukas Hospital in the German city of Neuss; the California law firm Ziprick and Cramer LLP; solo law practitioner Paul Goodson; and the town of Plainfield, New Jersey all have something in common:  they learned about the cyber threat posed by ransomware

Michael Sirignano, Frank Tiscione, and Michelle Bholan are a contributors to Recent Developments in Business Litigation, which has been published in the Winter 2016 issue of the American Bar Association Tort Trial & Insurance Practice Law Journal.

Click here to read the Article.

Avigael Fyman, a member of the Directors & Officers and Professional Liability Practice Groups, was a contributor to Recent Developments Affecting Professionals’, Directors’, and Officers’ Liability, which has been published in the Winter 2016 issue of the American Bar Association Tort Trial & Insurance Practice Law Journal.

Click here to read the Article.

Sean McAloon, a member of the Appeals Practice Group, was a contributor to Recent Developments in Property Insurance Coverage Litigation, which has been published in the Winter 2016 issue of the American Bar Association Tort Trial & Insurance Practice Law Journal.

Click here to read the Article.

In a new policy memorandum, the United States Citizenship and Immigration Services (USCIS) recently clarified the agency’s interpretation of the phrase “same or similar” occupation for purposes of Immigration and Nationality Act (INA) § 240(j).  Under INA § 240(j), foreign nationals with an approved I-140 can only change jobs if (1) he or she has

State Attorney General’s Letter Was A “Demand” That Precluded Coverage For Subsequent Federal Prosecution

Edward Weaver, the former chief executive officer of Multivend, LLC, sued Axis Surplus Insurance Company for breach of contract, challenging its refusal to provide coverage to him under Multivend’s directors and officers liability insurance policy for his criminal prosecution by

U.S. Supreme Court Rules that ERISA Fiduciary May Not Seek Reimbursement from Plan Participant’s General Assets

Robert Montanile was a participant in a health benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) and administered by the board of trustees of the National Elevator Industry Health Benefit Plan. The plan provided

A North Carolina state court, deciding issues of first impression under North Carolina law, has ruled that a pro rata time-on-the-risk allocation method applied to coverage claims for defense and indemnity costs in connection with numerous underlying benzene-related disease claims and asbestos claims.

The court held that the “pro rata allocation most reasonably interprets the

Federal district courts in Arizona and Florida have reached different conclusions about the applicability of pollution exclusions to gases, with one finding that the exclusion did not apply to sewer gas and the other finding that it barred a carbon monoxide claim.

The Sewer Gas Case

The first case arose after Quik Flush Plumbing installed

The Wisconsin Supreme Court, affirming a decision by a Wisconsin appellate court, has ruled that an insured’s self-insured retention (“SIR”) qualified as “other applicable liability insurance” under an insurance policy’s “other insurance” clause.

The Case

Claimant allegedly was injured when the insured’s employee loaded materials onto his trailer using a forklift. Claimant sued the insured for

An appellate court in Illinois, affirming a trial court’s decision, has ruled that an insurer could not recover a settlement payment from another insurer, where the insured failed to timely notify the insurer of the underlying action.

The Case

Kevin Smith filed a negligence action alleging that he was injured at a construction site while

The New Jersey Supreme Court has ruled that an insurance company need not show that it was prejudiced by a sophisticated insured’s failure to comply with the notice provision in a “claims made” insurance policy.

The Case

Templo Fuente De Vida Corp. and Fuente Properties, Inc. (“plaintiffs”) retained a finance company to secure funding for