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

A federal court in Missouri has ruled that claims of breach of contract, unjust enrichment, and fraud against a company and its owner did not involve any undesigned, sudden, or unforeseen event that could be considered an “accident” or “occurrence” for purposes of finding coverage under a business owner’s liability insurance policy.

The Case

PJP

A federal district court in Pennsylvania has dismissed a bad faith claim brought by homeowners against their insurance company, finding that they had not alleged “concrete facts” to show that the insurer’s actions in investigating or declining to pay their claim had been “frivolous or unfounded” or had been “dishonest or motivated by self-interest or ill

William U. Thompson claimed that his home was burglarized between July 24, 2009 and July 31, 2009. He reported the burglary to the police department in Scottsdale, Arizona, estimating the value of his stolen items to be approximately $40,000.

In August 2009, Thompson submitted a claim to his homeowner’s insurance company, Property & Casualty Insurance Company

Alan Rutkin, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, has published an article entitled, “The Square Peg of Cyber Coverage,” in the May 2015 issue of Best’s Review.

Click here to read the article.

Best’s Review:  May 2015. Copyrighted A.M. Best Company, Inc. 2016.  All Rights Reserved, Reprinted with Permission.

Official Committee of Unsecured Creditors, on behalf of the Estate of Lemington Home for the Aged v. Baldwin, No, 13-2707, 3d Cir., January 26, 2015

In an Opinion on appeal of a jury verdict in the Western District of Pennsylvania, the Third Circuit has affirmed that verdict ruling that the employed Chief Financial Officer (“CFO”)

There are, generally speaking, four different kinds of online contracts that businesses use to obtain consent via the Internet from consumers: browsewrap, clickwrap, scrollwrap, and sign-in wrap agreements. Browsewrap exists where an online host dictates that assent is given merely by using the site. Clickwrap refers to the assent process by which a user must

One of the underlying policy considerations of the Lanham Act is to protect consumers against false or misleading representations concerning affiliation or origin.  In that connection, Section 43(a) of the Lanham Act outlines certain protections that facilitate this important policy consideration.  One such protection extends to a product’s trade dress which can include, among other

The New York State Department of Health (“DOH”) has released the final regulations for the state’s medical marijuana program. The regulations have been released on the DOH’s website, available here, and will be made official when published in the April 15 State Register. Applications from interested entities, as well as physician education and patient certifications,