An appellate court in Maryland has ruled that a commercial general liability (“CGL”) insurance policy issued to a company in the home heating oil business did not provide liability coverage for a claim for property damage resulting from a mis-delivery of home heating oil by a fuel truck driver.

The Case

The insured sought coverage

A federal district court in Indiana, in a case in which a city sought insurance coverage for claims brought by a person who had been wrongfully convicted of a crime, has ruled that the “occurrence” had taken place when the wrongfully convicted defendant first had been charged.

The Case

In November 1996, Christopher Parish was

The Court of Appeals issued seven principal insurance law decisions this past term.1 Four decisions affirmed the rulings below, two reversed, and one modified. Five were in favor of insurance companies and two in favor of policyholders. Two of the seven were unanimous, one was decided by a vote of four-to-one, and four had at

Computer hacking historically has been seen as the province of lowlife criminals existing in the darkened recesses of some faraway place looking to make a dishonest buck. However, as individuals increase their online presence and, thereby, their digital vulnerability, unauthorized access to a person’s computers and to email and social media accounts is increasingly being

A unanimous Connecticut Supreme Court has ruled that an automobile insurance company did not violate the Connecticut Unfair Trade Practices Act (“CUTPA”) by requiring its appraisers to use low labor rates when estimating the cost of auto body repairs for the company’s insureds.

The Case

Artie’s Auto Body, Inc., A & R Body Specialty, Skrip’s Auto

An appellate court in Texas, affirming a trial court’s decision, has ruled that an insurance company that had issued a claims-made pollution liability and environmental damage policy to a the owner and operator of a gas station did not have to prove that it had been prejudiced by the insured’s late notice of a claim

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 ruled that an insurance company had no duty to indemnify its insured in a putative “junk fax” class action lawsuit where the policy had a $1,000 deductible and claims by individual

The U.S. District Court for the Southern District of New York has ruled that claims brought against a Panamanian state-owned company were not covered by the company’s marine liability insurance policies.

The Case

Petroterminal de Panama, S.A. (“PTP”), a Panamanian state-owned company that owns and operates oil storage and transfer facilities in Panama, including marine

On July 15, 2015, the head of the Wage Hour Division of the United States Department of Labor (the “DOL”) issued a 15-page guidance which states that the DOL takes the position that most workers are employees under the Fair Labor Standards Act and should not be classified as independent contractors.  New York State and

The Public Health and Health Planning Council (“PHHPC”) is poised to release a report prepared by the Ad Hoc Advisory Committee on Freestanding ASCs and Charity Care (the “Committee”). The report, which has been discussed at previous PHHPC meetings and is now in its final form, details the difficulties ambulatory surgery centers often have in

New York’s Top Court Rules That Computer Fraud Coverage Applies To Unauthorized “Hacking,” But Not To Authorized Users Who Supplied Fraudulent Data

The New York Court of Appeals, New York’s highest court, has ruled that an insurance agreement that provided coverage for “a fraudulent entry of Electronic Data or Computer Program” into the insured’s computer

U.S. Supreme Court Says that Fiduciary’s Duty of Prudence Involved Continuing Obligation to Monitor Investments and Remove Imprudent Ones

In 2007, several individual beneficiaries of the Edison International 401(k) Savings Plan, a defined-contribution plan, filed a lawsuit on behalf of the plan and all similarly situated beneficiaries against Edison International and others. The plaintiffs sought to

Law Regarding Certificates Of Insurance Takes Effect In New York

Effective July 28, 2015, Section 502 of the New York Insurance Law provides that a certificate of insurance (i) shall not amend, extend, or alter the coverage provided by the underlying insurance policy, and (ii) shall not confer any rights beyond those expressly provided by

“Suit” Includes EPA’s CERCLA Enforcement Proceedings, Texas Supreme Court Holds

In response to a question certified to it by the U.S. Court of Appeals for the Fifth Circuit, the Texas Supreme Court has ruled that the term “suit” in a general liability insurance policy included superfund cleanup proceedings conducted by the Environmental Protection Agency (“EPA”) under

With the Toxic Substances Control Act (TSCA), the primary federal chemical safety law, approaching its 40thyear, all of its constituents (industry, consumers and regulators) are in agreement that it needs to be modernized, albeit with some disagreement as to the particular contours of such reform.

Present Legislative Status

Earlier attempts at TSCA reform having failed