Insurance Coverage


Employee Benefit Plan Review – From the Courts
April 6, 2020 | Norman L. Tolle | Insurance Coverage | Employment & Labor
Second Circuit Affirms Decision Rejecting ERISA Claims for Retiree Health Benefits The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) seeking retiree health benefits. The Case The plaintiffs were officers at EmblemHealth, Inc., who retired between 2008 …
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State Governments Look to Property Insurers for Small Business Relief
April 2, 2020 | Michael A. Troisi | Michael P. Welch | Laura J. Mulholland | Insurance Coverage
The economic realities brought on by the COVID-19 pandemic have forced our government at both the federal and state level to take unprecedented action.  And, despite congressional passage of the Coronavirus Aid, Relief, and Economic Security Act (Cares Act), with its corresponding infusion of $2 trillion into the national economy, governors and other state officials, …
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New York Insurance Coverage Law Update
March 27, 2020 | Insurance Coverage
Policy Endorsement Waived Contribution From Additional Insured’s Insurer, First Department Decides A claimant sued the New York City Housing Authority (“NYCHA”) for personal injuries, and NYCHA was defended as an additional insured under a policy issued to Women Work Construction Corp. (“WWC”). WWC’s insurer asserted that NYCHA’s insurer had to contribute to NYCHA’s defense. The …
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Commercial General Liability Insurance Coverage for COVID-19 Lawsuits
March 20, 2020 | Joanne M. Engeldrum | Siobhain P. Minarovich | Insurance Coverage | General Liability
In this time of medical and economic uncertainty, one thing is for sure – lawsuits alleging injury and damage from the coronavirus pandemic are inevitable. While the country remains in lockdown – schools and businesses are shut down, employees are working from home and everyone is practicing social distancing and self-quarantine – lawsuits have already …
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Insurance Update
| Insurance Coverage
First and foremost, we hope everyone is staying safe and healthy. As you probably have noticed, Rivkin Radler has issued a series of bulletins over the past several days to help our clients navigate through this difficult time. In addition to these bulletins, we will also continue to provide our monthly newsletters.  Here is what …
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Confronting Business Interruption Claims Resulting from COVID-19
| Michael A. Troisi | Michael P. Welch | Laura J. Mulholland | Insurance Coverage
As the country continues to absorb the shock of the COVID-19 pandemic, commercial property insurers are already experiencing an influx of claims, mostly for business interruption. There is likely little to no coverage available under most standard commercial property policies for these types of claims. Most commercial property policies provide coverage for lost income or …
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Employee Benefit Plan Review – From the Courts
March 6, 2020 | Insurance Coverage | Employment & Labor
Ninth Circuit Affirms Decision Rejecting Suit Seeking Early Retirement Benefits The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision rejecting a plaintiff’s lawsuit seeking to overturn determinations by administrators of two retirement trusts governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) denying his claims for early …
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New York Insurance Coverage Law Update
February 27, 2020 | Insurance Coverage
Court Rules “C/O” Company In Contract Not An Additional Insured A construction worker sued Blue Woods Management Group, Inc. alleging that he was injured while working at premises owned by Blue Woods. Blue Woods sought additional insured coverage under its general contractor’s policy, which provided such coverage “where required by written contract,” and the insurer …
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Insurance Update
February 18, 2020 | Robert Tugander | Greg E. Mann | Insurance Coverage
Courts have been busy deciding insurance disputes.  As a result, our February Insurance Update is quite robust. Here are the headlines from this month’s update: Whether Intentional Assault Is an “Accident” Depends on Insured’s Viewpoint, Delaware Supreme Court Rules Illinois Supreme Court Applies Auto Policy’s “Unambiguous” Anti-stacking Clause Eighth Circuit Rejects Coverage for “Dome-Outs” in …
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Employee Benefit Plan Review – From the Courts
February 3, 2020 | Norman L. Tolle | Employment & Labor | Insurance Coverage
ERISA Required Payment of Plan Proceeds to Widow, But Prenuptial Agreement Barred Her Retention of Them, Alabama Supreme Court Rules The Supreme Court of Alabama, affirming a trial court’s decision, has ruled that a plan administrator had properly distributed proceeds from a company’s 401(k) retirement plan and from its pension benefit plan to a deceased …
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