Recent Publications


Intellectual Property Exclusion Barred Coverage of Claims that Insured Manufactured and Distributed Products under Trademarks It Did Not Own
March 31, 2015 | Insurance Coverage

An appellate court in California has affirmed a trial court’s ruling that an intellectual property exclusion in an insurance policy precluded coverage of claims by the estate of R. Buckminster Fuller that the insured had violated its trademarks through the manufacture and distribution of a number of products. 

The Case

The Fuller estate sued Maxfield

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“Designated Products” Exclusion Precluded Coverage of Claims in Personal Injury Lawsuit over a Tree Stand
March 31, 2015 | Insurance Coverage

A federal district court in Pennsylvania has ruled that a “designated products” exclusion in a commercial general liability insurance policy precluded coverage of claims brought against the insured for a product manufactured by a company before the insured had acquired certain of the manufacturer’s assets. 

The Case

Daniel Webb alleged that he was injured during

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Managing Product Liability in the Chemicals Sector
March 31, 2015 | Complex Torts & Product Liability

Paul Majkowski, a Partner in the Firm’s Litigation & Appeals Practice Group, participated in a mini-roundtable article entitled, “Managing Product Liability in the Chemicals Sector.”

Please click the link below to view the Article. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download

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Excess, Surplus Lines, and Reinsurance Committee: Among Experienced and Diverse Professionals, Find Great Friends
March 31, 2015 | Insurance Coverage

Michael Kotula, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, wrote an article entitled, “Excess, Surplus Lines, and Reinsurance Committee: Among Experienced and Diverse Professionals, Find Great Friends,” for the Spring 2015 issue of the Tort Trial & Insurance Practice Law Section Journal (Vol. 44-3).

Click here to read article.

 

This information or any

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RICO Actions Fight No-Fault Insurance Fraud
March 31, 2015 | Appeals

Michael A. Sirignano and Frank P. Tiscione published an article entitled, “RICO Actions Fight No-Fault Insurance Fraud,” in the Spring 2015 issue of the ABA Tort Source, a publication of the Tort Trial & Insurance Practice Section.

Click here to read the article.

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The New York Attorney General’s Dietary Supplement Investigation: Where We Stand Today
March 23, 2015 | Health Services

Marc Ullman’s article entitled, “The New York Attorney Geneal’s Dietary Supplement Investigation:  Where We Stand Today,” was published by Natural Products Insider.

Click here to read.

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Senators Introduce Bill to Decriminalize Marijuana
March 18, 2015 | Health Services

New York’s junior senator, Kristin Gillibrand, joined with New Jersey senator Cory Booker and Kentucky senator Rand Paul to introduce a bill that would decriminalize marijuana, removing the threat of federal prosecution for the growth and manufacture of medical marijuana in states that allow for it, including New York. 

The bill addresses many issues medical

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New York’s Top Court Rules that Water Damage Exclusion Barred Coverage and Rejects Plaintiffs’ Interpretation of Ensuing Loss Protection
March 6, 2015 | Insurance Coverage | Appeals

The New York Court of Appeals, in Platek v. Town of Hamburg, has reversed an appellate court’s decision and ruled that a water damage exclusion in a homeowners’ insurance policy precluded coverage for a claim that the insureds’ basement was flooded after a water main ruptured.  In so ruling, the Court also rejected the plaintiffs’

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Challenging Fraud by Employers in Workers’ Compensation
March 6, 2015 | Insurance Coverage | Appeals

Workers’ Compensation insurance carriers face a variety of employer schemes intended to defraud them out of insurance premiums in one way or another. After briefly discussing the requirements of New York’s Workers’ Compensation Law (WCL), this column explores some of the methods disreputable companies sometimes use to avoid their obligations. It concludes with a discussion

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From the Courts
March 1, 2015 | Appeals | Insurance Coverage

U.S. Supreme Court Rules that Time Spent to Undergo Antitheft Security Screening is Not Compensable under the FLSA

Integrity Staffing Solutions, Inc., a company that provides warehouse staffing to Amazon.com throughout the United States, required its employees to undergo a security screening before leaving the warehouse at the end of each day. During this screening,

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New York Insurance Coverage Law Update
March 1, 2015 | Insurance Coverage

Claim That Home Was Damaged After Water Main Ruptured And Flooded Basement Was Precluded By Water Exclusion, New York’s Top Court Rules

Homeowners alleged that a subsurface water main abutting their home ruptured, causing water to flood into and severely damage their home’s finished basement. Their homeowners’ insurer disclaimed coverage and the homeowners sued. The

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In Deepwater Horizon Case, Texas Supreme Court Rules that BP Was Not Entitled to Coverage as an Additional Insured
February 28, 2015 | Insurance Coverage

The Texas Supreme Court, in response to questions certified by the U.S. Court of Appeals for the Fifth Circuit, has ruled that the BP oil company was not entitled to coverage as an additional insured under primary and excess insurance policies obtained by the owner of the Deepwater Horizon drilling rig, Transocean, in

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Notice-Prejudice Rule Did Not Apply to Date-Certain Notice Requirement in Claims-Made Insurance Policy, Colorado Supreme Court Rules
February 28, 2015

The Colorado Supreme Court, in response to questions certified by the U.S. Court of Appeals for the Tenth Circuit, has ruled that the “notice-prejudice rule” did not apply to a date-certain notice requirement in a claims-made insurance policy.

The Case

The insurer issued a policy that provided directors and officers liability coverage. The policy required

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Insured’s Failure to “Immediately” Forward Asbestos Lawsuits to Insurer Dooms Its Coverage Bid, FIfth Circuit Affirms
February 28, 2015 | Insurance Coverage

The U.S. Court of Appeals for the Fifth Circuit, affirming a district court’s decision, has ruled that an insurance carrier was not obligated to defend its insured where the insured had not “immediately” forwarded asbestos lawsuits to the insurer – and the insurer did not have to demonstrate that it had been prejudiced

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Insurer May Rescind Law Firm’s Policy Based on One Partner’s Misrepresentation on Renewal Application, Illinois Supreme Court Holds
February 28, 2015 | Insurance Coverage

The Illinois Supreme Court, reversing an appellate court’s decision, has ruled that an insurance company could rescind the professional liability insurance policy it had issued to a law firm based on one partner’s misrepresentation on a renewal application, rejecting another partner’s contention that the “innocent insured doctrine” prevented rescission as to him.  

The Case

Illinois

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