Insurance Coverage


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 …
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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 …
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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 …
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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 …
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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 …
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Tugander and Mann Author Article in ABA Insurance Coverage Newsletter
August 21, 2019 | Insurance Coverage
Rob Tugander and Greg Mann published an article in the ABA’s Insurance Coverage Litigation Committee Summer 2019 Newsletter entitled, “Sanders v. Illinois Union: The Start of a New Trend on Malicious Prosecution Trigger, or Simply an Outlier.” Click here to read the article. …
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Insurance Update
August 19, 2019 | Insurance Coverage
Our August Insurance Update is now available. In November 2017, we reported on a California federal district court opinion regarding the TV series Dig, a production based out of Jerusalem.  The show’s producers moved the series out of Jerusalem after Hamas had fired rockets into Israel.  The relocation was costly and the producers sought reimbursement …
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Valverde Contributes to ABA Article
| Insurance Coverage
Frank Valverde contributed to recently published article for the American Bar Association’s Tort Trial & Insurance Practice Section Law Journal entitled “Recent Developments In Excess, Surplus Lines, And Reinsurance Law” (54 Tort Trial & Ins. Prac. L.J. 2, pp. 471-492 (2019)). Click here to read the article. …
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Court Issues Three Major Insurance Rulings, and Begins to Set the Stage for Next Term
| Insurance Coverage
The New York Court of Appeals decided three important insurance cases in its 2018-2019 term. Judge Rowan D. Wilson was the sole dissenter in the first two, with the Court reaching a unanimous decision in the third, and most significant, of the trio. The Court also began to arrange its insurance caseload for next term …
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Rutkin Publishes A.M. Best Article, “Scam Sophistication”
August 9, 2019 | Alan S. Rutkin | Insurance Coverage
Alan Rutkin’s article entitled “Scam Sophistication” has been published in the August 2019 issue of Best’s Review magazine. The article speaks about taking the warnings of cybercrime seriously as scammers have become more cunning and that vigilance is important. Click here to read the article. Best’s Review:  August 2019. Copyrighted A.M. Best Company, Inc. 2019.  …
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