A federal district court in Pennsylvania has ruled that an insurance company was not obligated to compensate its insured, another insurance company, for defense costs it incurred in defending itself in a coverage case brought by its insured, which had been required to undertake certain environmental cleanup work. 

The Case

Port LA Distribution

New Jersey legislators advanced a bill to expand notification requirements in the event of a data breach affecting New Jersey residents. The bill, Assembly No. 3146, passed on December 15, 2014, by a vote of 75–0 and was referred to the Senate Commerce Committee where it has not yet been addressed. The Assembly bill seeks

AMERICAN BAR ASSOCIATION – SECTION OF LITIGATION – MASS TORTS  

The Carnaby v. Goodyear Tire and Rubber Co. action involving purported toxic workplace exposures in France presents something of a new strategic paradigm for the U.S. jurisdictional restrictions evolving out of the Daimler/Kiobel/Goodyear Dunlop line of cases. Carnaby v. Goodyear Tire and Rubber Co., No.

Federal Rule of Civil Procedure 23 requires two forms of class notice. Rule 23(c)(2) requires notice to a potential class member that a class has been certified and substance of the class claims. Rule 23(e) requires notice that a settlement has been negotiated, which will require court approval, and the steps that each potential class

“Contracted Person Exclusion” Bars Coverage For Underlying Personal Injury Action, Federal Court Holds

Omni Build, Inc., the general contractor for a construction project in Brooklyn, New York, hired Zom Corp. as a masonry sub-contractor.  Zom  contracted with Stone Age Equipment for a boom truck to hoist cinder blocks.  A Stone Age employee who allegedly was

Plan Administrator Did Not Err In Requiring Plaintiff to Provide Objective Evidence of Her Fibromyalgia

The plaintiff in this case alleged that her health began to deteriorate beginning in early 2009, with symptoms that included debilitating pain and fatigue. By the end of that year, according to the plaintiff, these symptoms forced her to leave her

The U.S. Court of Appeals for the Tenth Circuit has affirmed a district court’s decision granting summary judgment in favor of an insurance carrier where the insured had not cooperated with the insurer as required by his policy.

The Case

A father insured his automobiles with Sagamore Insurance Company under a policy containing a named-driver

The U.S. Court of Appeals for the Eleventh Circuit, affirming a district court’s decision, has ruled that an insured had not rebutted the presumption that its insurance carrier had been prejudiced by its late notice of claim.

The Case

Four years and sevenmonths after Hurricane Wilma struck the Florida coast, The Yacht Club on the

An appellate court in Illinois has ruled that environmental investigation costs were not considered damages under Florida law for insurance coverage purposes.

The Case

After boron contamination was detected at a plant in Florida owned by Premark International, LLC, and at nearby property, the company agreed with the Florida Department of Environmental Protection (“FDEP”) that

The U.S. Court of Appeals for the Eighth Circuit, affirming a district court’s decision, has ruled that email communications made prior to the initial date of coverage under a claims-made insurance policy constituted a demand for money and, therefore, amounted to a claim.   

The Case

LSi-Lowery Systems, Inc., sold businesssoftware to Hodell-Natco Industries, Inc., that

A federal district court in California has ruled that a homeowner’s insurance policy did not provide coverage for a defamation action against the insured ? a district attorney who was running for re-election ? for intentional statements that she had made or had authorized during her campaign.

The Case

After Meredith Lintott’s campaign for re-election

The Patient Protection and Affordable Care Act (ACA) was enacted to enable patients to make informed choices regarding their healthcare by providing stability and flexibility in insurance coverage.  To facilitate the implementation of stable coverage, the ACA requires that qualified health plans (QHPs) provide a grace period of three consecutive months if an enrollee, receiving

On Wednesday Governor Andrew Cuomo laid out his proposed 2015-16 executive budget in his State of the State address. The executive budget proposes multiple changes to New York’s current healthcare laws, most notably regarding diagnostic and treatment centers (“DTC”), urgent care facilities, office-based surgery centers (“OBS”), and revisions to the Certificate of Need (“CON”) process.                                  

The New Jersey Supreme Court has agreed to hear Allstate Ins. Co. v. Northfield Medical Center,1 which has consequences for insurers across the country seeking to deter insurance fraud schemes intended to avoid the prohibition on the corporate practice of medicine. The issue before the court is whether a health-care lawyer (who was not admitted

One of the significant legal issues facing an insurance company that brings a  federal lawsuit to recover allegedly improper payments that it has made to a  health care provider under an employee benefit plan is whether the carrier’s  complaint is preempted by the federal Employee Retirement Income Security Act of  1974 (ERISA). A finding of