Insurance Coverage


Employee Benefit Plan Review – From the Courts – September 2016
September 6, 2016 | Labor & Employment | Insurance Coverage

Court Permits Plaintiff to Proceed Under a Pseudonym with Complaint Seeking Long-Term Disability Benefits

The plaintiff in this case, who alleged that she suffered from HIV/AIDS, brought a lawsuit under the Employee Retirement Income Security Act (ERISA) to recover benefits she asserted were due to her under a long-term disability insurance benefit plan sponsored by her former

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New York Insurance Coverage Law Update
| Insurance Coverage

Insurer Need Not Indemnify Insured For Property Damage Attributable To Periods When Liability Insurance Was Unavailable

Keyspan Gas East Corporation brought a declaratory judgment action seeking indem-nification for the costs of environ-mental clean-up at two gas plants. The Appellate Division, First Department, deciding an issue of first impression in New York State appellate courts, held

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New York Insurance Coverage Law Update
August 31, 2016 | Insurance Coverage

“Sewage” Is Pollutant Under Pollution Exclusion, New York Federal Court Rules

Families residing near Love Canal sued Roy’s Plumbing, Inc., alleging that its negligence had led to the discharge of hazardous chemicals onto their property and into their homes. Roy’s sought coverage from its insurer, arguing that its policy’s total pollution exclusion did not apply

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Employee Benefit Plan Review – From the Courts – August 2016
August 23, 2016 | Labor & Employment | Insurance Coverage

Tribal Government’s ERISA Claims Against Blue Cross May Proceed, Court Rules

The Little River Band of Ottawa Indians, a federally recognized Indian tribe, entered into an administrative services contract (ASC) with Blue Cross & Blue Shield of Michigan that provided that the Little River Band was a “self-funded” customer of Blue Cross. As provided in

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Late Notice Dooms Lawyer’s Bid for Malpractice Coverage, Sixth Circuit Declares
August 18, 2016 | Insurance Coverage

The U.S. Court of Appeals for the Sixth Circuit, affirming a district court’s decision, has ruled that an insurance company was not obligated to defend an attorney against a lawsuit filed during the pendency of her policy where, years earlier, she “knew or could have foreseen” that the lawsuit would be filed but had not

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“Professional Services” Exclusion Precluded Coverage to Engineering Firm, New Jersey Appeals Court Affirms
| Insurance Coverage

An appellate court in New Jersey, affirming a trial court’s decision, has ruled that a “professional services” exclusion in a commercial general liability (“CGL”) insurance policy issued to an engineering firm precluded coverage for claims against the firm asserting professional negligence.

The Case

EIC Group, LLC, an engineering firm, was sued by New Jersey property

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“Drilling Rig” Exclusion Precluded Coverage for Claim Alleging Employee Was Injured While Working on a Drillship, Fifth Circuit Says
| Insurance Coverage

The U.S. Court of Appeals for the Fifth Circuit has ruled that, based on a “drilling rig” exclusion, an excess insurer on a marine insurance policy was not required to reimburse its insured for payments in a personal injury settlement.

The Case

An employee of Offshore Energy Services alleged that he was injured while working

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“Earth Movement” Exclusion Precluded Coverage for Single Falling Boulder, Montana Supreme Court Rules
| Insurance Coverage

The Montana Supreme Court has ruled that a policy’s “earth movement” exclusion precluded coverage for a claim that a boulder fell down a hill and damaged an insured cabin.

The Case

A large boulder dislodged from a hillside several hundred feet from a vacation cabin near Sheridan, Montana. The boulder fell down the hillside and

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“Authorized Entry” Exclusion Precluded Coverage for Hacking Loss
| Insurance Coverage

A federal district court in Washington has ruled that an insured company was not entitled to coverage for losses caused when a hacker directed one of the insured’s employees to change a vendor’s bank account information on its computer system.

The Case

Aqua Star (USA) Corp., a seafood importer, purchased frozen shrimp from Zhanjiang Longwei

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Policy Covered Subcontractor’s Faulty Work, New Jersey Supreme Court Decides
| Insurance Coverage

The New Jersey Supreme Court has ruled that rain water damage allegedly caused by a subcontractor’s faulty workmanship constituted “property damage” and an “occurrence” under a property developer’s commercial general liability (“CGL”) insurance policy.

The Case

A condominium association in New Jersey sued its developer and general contractor for damage to the interior structure, residential units,

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