Recent Publications
March 31, 2015 |
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
Read MoreMarch 31, 2015 |
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
Read MoreMarch 31, 2015 |
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
Read MoreMarch 31, 2015 |
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
Read MoreMarch 31, 2015 |
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.
Read MoreMarch 23, 2015 |
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.
Read MoreMarch 18, 2015 |
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
Read MoreMarch 6, 2015 | |
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’
Read MoreMarch 6, 2015 | |
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
Read MoreMarch 1, 2015 | |
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,
Read MoreMarch 1, 2015 |
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
Read MoreFebruary 28, 2015 |
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
Read MoreFebruary 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
Read MoreFebruary 28, 2015 |
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
Read MoreFebruary 28, 2015 |
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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