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

Geoffrey Kaiser published an article in the Nutrition Business Journal entitled, “Prosecutorial Discretion.”  The article discusses the exercise of prosecutorial discretion under the Food, Drug & Cosmetic Act.  It analyzes the factors that enter into a decision by prosecutors to recommend criminal charges, using the recent indictment of USPlabs to illustrate the types of aggravating circumstances

First Department Holds that Worker Is Entitled to Partial Summary Judgment under Labor Law § 240(1) For Injuries Sustained in Fall from Prime Mover

In Somereve v. Plaza Constr. Corp., 2016 N.Y. App. Div. LEXIS 1231 (1st Dep’t 2016), plaintiff was injured when operating a prime mover to hoist a load of bricks onto a

Examinations under oath (EUOs) are an important investigative tool used by insurance carriers to uncover fraudulently filed claims and to commit claimants to their story on the record. EUOs look like depositions but generally do not follow the rules that govern depositions. For example, a witness who refuses to answer questions at a deposition can

Prisoners’ Class Action Constituted Multiple Occurences, Court Of Appeals Rules

A proposed class action lawsuit was filed against a county in upstate New York after it implemented a policy of strip-searching every prisoner admitted into its jail. The county’s insurer agreed to provide a defense, subject to policy limits and the deductible for personal injury

Fourth Circuit Rules that Employee Handbook’s Arbitration Provision Was Unenforceable

The plaintiff in this case began working for Prime Communications, L.P., an authorized retailer of AT&T wireless communication devices and services, in October 2009 as a “solutions specialist” in a retail store in Fuquay-Varina, North Carolina. As a solutions specialist, the plaintiff sold merchandise and cell-phone

Board Rejects Request For Reconsideration

By Order dated July 13, 2015, the Board denied a motion to dismiss filed by Knowluxe LLC (“Knowluxe”) seeking dismissal of a petition for cancellation on the grounds that the claims were implausible and that the rights asserted by Guess? IP Holder L.P. (“Guess”) conflicted with the: (1) doctrine of

No Coverage Under Title Insurance Policy Where Insured Settled Claim Without Insurer’s Consent

The insured settled a dispute without obtaining his title insurer’s consent and then sought coverage under the policy. The title insurer denied the claim, and the insured sued. The trial court dismissed the complaint and the insured appealed. The appellate court affirmed,

An F-1 Visa allows foreign nationals to enter the United States to study full time at an academic institution.  Qualifying academic institutions include an accredited college, university, seminary, conservatory, academic high school, or elementary school.

Students on an F-1 Visa can participate in an Optional Practical Training (OPT) while they are still attending school (pre-completion