Early in February, the European Commission and the U.S. government agreed on a new framework for transatlantic data flows, which they are referring to as the “EU-U.S. Privacy Shield.” Lawyers advising clients with an online presence (i.e., almost all lawyers and almost all clients) typically have had little reason to be concerned about the agreement,

One of the hallmarks of a claims-made and reported policy historically has been the two-pronged requirement that (1) the claim against the insured must be first made during the policy period, and (2) the claim had to be reported to the insurer, if not strictly within the policy period, at least no later than a

In response to questions certified by the U.S. Court of Appeals for the First Circuit, the New Hampshire Supreme Court ruled that an excess insurer’s duty to defend under New Hampshire law was triggered only when the primary insurer’s coverage was exhausted.

The Case

Old Republic Insurance Company and Stratford Insurance Company each provided insurance coverage

In response to questions certified by the U.S. Court of Appeals for the First Circuit, the New Hampshire Supreme Court ruled that an excess insurer’s duty to defend under New Hampshire law was triggered only when the primary insurer’s coverage was exhausted.

The Case

Old Republic Insurance Company and Stratford Insurance Company each provided insurance coverage

The U.S. Court of Appeals for the Ninth Circuit, affirming a decision by the U.S. District Court for the Northern District of California, has ruled that an insurer was not obligated to defend its insured in a patent dispute – and that an amendment to the claims against the insured to assert a disparagement claim

The Alabama Supreme Court, reversing a trial court’s decision, has ruled that the “mysterious disappearance” exclusion in an “all risk” insurance policy precluded coverage for a missing sailboat.

The Case

After Michael Britt purchased a Beneteau brand sailboat in 2004, he insured it with St. Paul Fire & Marine Insurance Company pursuant to an “all

The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the Western District of Missouri, has enforced the anti-stacking provisions in two insurance policies issued by one insurance company.

The Case

Thomas Campbell was attempting to remove a tree from property being developed for a residential subdivision.

A New Jersey appeals court, affirming a trial court’s decision in an environmental contamination coverage case, has rejected the insured’s argument that payments due from its insolvent insurers should be reallocated among its solvent primary and excess insurers.

The Case

Beginning in 1970, Ward Sand and Materials Company accepted municipal waste from Pennsauken Township, New

Michael Cannata’s column was published in the New York Intellectual Property Law’s December 2015/January 2016 issue of “The Report.”  Michael’s column is entitled, “Notable Trademark Trial and Appeal Board Decisions.”

Complete summaries of the decisions can be found here.

Long-Term Disability Benefits May Be Reduced by Amount of Worker’s Compensation Lump Sum Disability Award

The plaintiff, an employee of The Lubrizol Corporation, sustained a disabling injury at work in July 2011. He filed for long-term disability benefits under The Lubrizol Corporation Long-Term Disability Plan in December 2011. His claim was approved in January 2012, and

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2015.

New York Insurance Coverage Update — Compilation 2015

No Coverage For Crane Damaged By Superstorm Sandy, New York Appellate Court Rules

A 750-foot tall tower crane affixed to a 74-story mixed-use hotel and residential building under construction in Manhattan was dislodged and partially destroyed by Superstorm Sandy. The project’s owner and construction manager sued the insurers that had issued a $700 million builder’s

Introduction

In November 2014, Chief Administrative Judge of the Courts A. Gail Prudenti amended the Uniform Civil Rules of the Supreme and County Courts by adding 22 NYCRR §202.5(e), which expressly mandates the protection of confidential personal information (“CPI”) in papers filed with the Courts. While the intent behind the amendment was a noble one,

A federal district court in North Carolina has ruled that a pollution exclusion clause barred coverage for claims alleging that drywall manufactured, sold, used, or distributed by the insured company emitted high levels of sulfur into the air inside homes.

The Case

Lawsuits against New NGC, Inc., asserted injuries and damages arising from exposure to

Recently, the U.S. Department of Health and Human Services Office of the Inspector General (DHHS-OIG) issued a fraud alert.  The alert concerned physician owned distributors (PODs) that derive revenue from selling, or arranging for the sale of implantable medical devices ordered by their physician-owners for use on their own patients at hospitals or ambulatory surgical