Insurance Coverage


Insurance Update
January 21, 2020 | Robert Tugander | Greg E. Mann | Insurance Coverage
Our January Insurance Update is packed with cases. We begin with state high court decisions addressing: (1) water and weather exclusions; (2) the validity of consent-to-settle provisions; and (3) whether an insurer breaches its duty to its insured by settling for policy limits without obtaining a liability release for the insured. We then move on …
Read More
Employee Benefit Plan Review – From the Courts
January 2, 2020 | Norman L. Tolle | Employment & Labor | Insurance Coverage
In Absence of “Qualifying Event,” Employer Did Not Have to Send COBRA Notice to Employee, Sixth Circuit Concludes The U.S. Court of Appeals for the Sixth Circuit, reversing a district court’s decision, has ruled that, in the absence of a change to the terms and conditions of the employee’s health insurance coverage, no “qualifying event” …
Read More
Insurance Update
December 17, 2019 | Insurance Coverage
Readers of our monthly insurance newsletter may be familiar with the Sanders case. That’s the case that addresses the proper trigger for a malicious prosecution action. Since a wrongful conviction can lead to steep damages, which policy is on the hook for those damages can be an important issue for insurers. Earlier in the year, …
Read More
Employee Benefit Plan Review – From the Courts
November 19, 2019 | Employment & Labor | Insurance Coverage
Eleventh Circuit Affirms Denial of Plaintiff’s Request for Attorneys’ Fees The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court’s decision denying a plaintiff’s motion for attorneys’ fees under the fee-shifting provision of the Employee Retirement Income Security Act of 1974 (ERISA). THE CASE The plaintiff, who suffered from anorexia, was …
Read More
Insurance Update
| Robert Tugander | Greg E. Mann | Insurance Coverage
Our November Insurance Update is here. We report on two cases featured in past updates that have now made their way up to state supreme courts. In Vanderbilt, the Connecticut Supreme Court upholds an intermediate appellate court’s broad application of the “occupational disease” exclusion.  The court ruled that the exclusion is not limited only to …
Read More
Employee Benefit Plan Review – From the Courts
October 29, 2019 | Norman L. Tolle | Employment & Labor | Insurance Coverage
Eighth Circuit Affirms Dismissal of Complaint by Participant in Defined-Contribution Retirement Savings Plan  The U.S. Court of Appeals for the Eighth Circuit, applying the reasoning in a 2014 decision by the U.S. Supreme Court, has upheld dismissal of a complaint brought by a participant in a defined-contribution retirement savings plan governed by the Employee Retirement …
Read More
Insurance Update
October 15, 2019 | Robert Tugander | Greg E. Mann | Insurance Coverage
Our October Insurance Update is now available. We discuss a case with an unfortunate, but familiar story.  A group of masked bandits, who notoriously carry out their misdeeds at night, ransacked a home looking for whatever valuables they could find.  Based on the trail of destruction left behind by these intruders, however, the homeowner could …
Read More
Insurance Update
September 16, 2019 | Robert Tugander | Greg E. Mann | Insurance Coverage
Our September Insurance Update features several state and federal appellate court rulings. We kick off this month’s issue with a decision that liability insurers will appreciate.  Courts differ as to whether coverage defenses based on lack of consent require an insurer to demonstrate prejudice.  The California Supreme Court explains that while prejudice may be required …
Read More
New York Insurance Coverage Law Update
August 29, 2019 | Insurance Coverage
Tenant’s Insurer Must Defend Shopping Center Owner As Additional Insured In Trip-And-Fall Suit, Eastern District Of New York Decides The claimant allegedly tripped and fell on the sidewalk while walking into a restaurant operated by Vintage Steakhouse, LLC.  Vintage leased the restaurant, which was in a shopping center, from Amelia Associate’s Inc.  Vintage’s insurer refused …
Read More
Employee Relations Law Journal – From the Courts
August 26, 2019 | Employment & Labor | Insurance Coverage
First Circuit Applies Abuse of Discretion Standard to Uphold Denial of Long-Term Disability Benefits The U.S. Court of Appeals for the First Circuit has upheld a claim administrator’s decision denying a claim for long-term disability (LTD) benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), finding …
Read More

Get legal updates and news delivered to your inbox