Fourth Department Rules Insurer Must Disclose Certain Pre-Litigation Claim File Documents Prepared By Counsel

After the plaintiff sued an insurer for supplementary underinsured motorist coverage benefits, she sought the insurer’s entire claim file.  The Appellate Division, Fourth Department, ruled that the plaintiff was not entitled to disclosure of documents created after she filed her lawsuit. 

Texas County Appeals in San Jacinto River Case

Harris County, Texas, has filed an appeal in Harris Co. v. International Paper, a case involving allegations of contamination of the San Jacinto River.

As alleged, the Pasadena Mill, owned by Champion Paper, disposed of dioxin-laced paper mill waste in holding pits created on the banks of

Benjamin Malerba and Gregory Mitchell have been published in the June edition of Nassau Lawyer. Their article, entitled “New York’s Medical Marijuana Program” explores the issues surrounding medical marijuana in New York, including certified users, authorized marijuana dispensaries and interstate conflicts. Click the link below to read the full article.

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The Indiana Supreme Court has denied petitions to transfer a case from an intermediate court of appeals in Indiana to the Indiana Supreme Court, certifying the appeals court decision as final. In doing so, the Indiana Supreme Court may be signaling a move away from “all sums” and toward pro rata allocation in environmental contamination

The Delaware Supreme Court has certified questions to New York’s highest court, the New York Court of Appeals, about allocation and exhaustion of policy limits in a case involving allegations of asbestos injury over multiple years where the insured had multiple insurers.

The Case

Viking Pump, Inc. sought coverage from its insurance carriers for thousands

The U.S. Court of Appeals for the First Circuit has certified a question of Massachusetts law to the Supreme Judicial Court of Massachusetts in a case involving an insured with two insurance policies covering the same loss but where the insured tendered a claim to only one of the insurers.

The Case

An employee of

The Connecticut Supreme Court, affirming an intermediate appellate court’s decision, has ruled that a commercial general liability insurance policy and an umbrella liability policy did not cover claims for damages stemming from the insureds’ loss of computer tapes containing confidential employee information in the absence of evidence that the information had been “published.”

The Case

The New Jersey Supreme Court has ruled that a claimant who prevailed against an insurance carrier in a declaratory judgment action seeking coverage and defense of the underlying liability action, but who did not prevail in the liability action itself, was a “prevailing party” entitled to recover counsel fees under New Jersey law.

The Case

The claimant

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

While there has long been a regulatory requirement that ambulatory surgery centers (“ASCs”) provide a certain level of charity care pursuant to 10 NYCRR § 709.5(d), the Public Health and Health Planning Council (“PHHPC”) and an Ad Hoc Advisory Committee on Freestanding ASCs and Charity Care (the “Advisory Committee”) have been reviewing how to measure

Insurance fraud is committed not only by people who set fire to their homes for the insurance money or who lie about “missing” property that was in their “stolen” cars. Doctors and lawyers?licensed professionals?also commit insurance fraud. They risk the usual penalties, including potential jail time, as well as the loss of their ability to

Appellate Court Rules Subcontractor’s Insurer Must Defend And Indemnify General Contractor In Suit By Subcontractor’s Employee

A subcontractor’s employee sued the general contractor, alleging that he was injured when he lost his footing on a stairway while working on a construction project. The general contractor sought coverage as an additional insured under the subcontractor’s insurance

Plaintiff’s Statements to Social Security Administration Doom His ADA Discrimination Claim, Tenth Circuit Rules

After the plaintiff in this case allegedly suffered a workplace injury, he sought and obtained Social Security disability benefits on the ground that he was unable to work. While the plaintiff was representing to the Social Security Administration that he was

An appellate court in California, affirming a trial court’s decision, has ruled that an insurance company was not obligated to defend a homeowner against claims brought by her neighbor that arose out of the homeowner’s non-accidental conduct.

The Case

A homeowner was sued by her neighbor when she erected an encroaching fence and pruned nine

A federal district court in Ohio has granted summary judgment in favor of an insurance carrier, reasoning that the mere “insinuation” of negligence in a civil complaint could not transform what essentially were intentional torts into something “accidental” that might be covered by a homeowner’s insurance policy.

The Case

After Andreas Sekic struck his brother-in-law