Please click the link below to view the Litigation & Appeals Law Alert – May 2010. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Litigation & Appeals Law Alert – May 2010

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Will Insurers Still Ride With Toyota?

Copyright © 2010 by A.M. Best Company, Inc. Reprinted with permission. All rights

In September 2007, Triumph Apparel Corporation fired the plaintiff after approximately one year of employment after she refused either to accept part-time employment or to remain at work until 3:00 p.m. on Fridays. Asserting that Triumph had refused to accommodate her religious observance of the Jewish Sabbath, the plaintiff sued for employment discrimination on the

Until relatively recently, individuals who had taken out life insurance policies to protect their families in the event they died while their children were young or before they had finished college often would allow those policies to lapse or would surrender them to their insurance companies in exchange for the stated surrender value when they

Employee Driving His Own Leased Car While Working Is Not An Insured Under Employer’s Auto Insurance Policy

While driving his own leased car to the bank to make a deposit for his employer, Regional Integrated Logistics, Michael Hale was involved in an accident. The insurer that had issued a commercial automobile insurance policy to

In State Farm Mutual Auto. Ins. Co. v. Mallela,[1] the New York Court of Appeals held that an insurer may withhold payment for medical services provided by “fraudulently incorporated” enterprises to which patients had assigned their no fault claims. As indicated in the Insurance Fraud column published here in January,[2] that ruling (in which the

Volunteer Firefighter Allegedly Injured Outside Truck While Directing Traffic At Accident Site Not Entitled to SUM Coverage

A volunteer firefighter sought supplementary uninsured motorist (“SUM”) coverage for injuries he allegedly suffered when he was directing traffic away from the scene of a motor vehicle accident. The court first found that the firefighter was

The plaintiff in this case worked for Airborne Express, Inc., which was acquired by DHL Holdings (USA), Inc., now called DPWN Holdings (USA), Inc., in 2003. The plaintiff had been a participant in Airborne’s Retirement Income Plan (RIP) and Profit Sharing Plan (PSP). The RIP was a defined benefit plan whose benefit formula was based

Please click the link below to view The Second Circuit Changes It’s Tune – “No More Mr. Nice Guy”. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

The Second Circuit Changes It’s Tune – “No More Mr. Nice Guy”

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Second Department Permits § 349 Claim To Proceed Against Homeowners’ Insurer

The insureds claimed that a storm caused a hillside on their property in the Village of Roslyn to collapse. Thereafter, the insureds filed suit and asserted a claim under General Business Law § 349 against the insurer that had issued a deluxe homeowners’