Fourth Circuit Rules that Employee Handbook’s Arbitration Provision Was Unenforceable

The plaintiff in this case began working for Prime Communications, L.P., an authorized retailer of AT&T wireless communication devices and services, in October 2009 as a “solutions specialist” in a retail store in Fuquay-Varina, North Carolina. As a solutions specialist, the plaintiff sold merchandise and cell-phone

No Coverage Under Title Insurance Policy Where Insured Settled Claim Without Insurer’s Consent

The insured settled a dispute without obtaining his title insurer’s consent and then sought coverage under the policy. The title insurer denied the claim, and the insured sued. The trial court dismissed the complaint and the insured appealed. The appellate court affirmed,

In response to questions certified by the U.S. Court of Appeals for the First Circuit, the New Hampshire Supreme Court ruled that an excess insurer’s duty to defend under New Hampshire law was triggered only when the primary insurer’s coverage was exhausted.

The Case

Old Republic Insurance Company and Stratford Insurance Company each provided insurance coverage

In response to questions certified by the U.S. Court of Appeals for the First Circuit, the New Hampshire Supreme Court ruled that an excess insurer’s duty to defend under New Hampshire law was triggered only when the primary insurer’s coverage was exhausted.

The Case

Old Republic Insurance Company and Stratford Insurance Company each provided insurance coverage

The U.S. Court of Appeals for the Ninth Circuit, affirming a decision by the U.S. District Court for the Northern District of California, has ruled that an insurer was not obligated to defend its insured in a patent dispute – and that an amendment to the claims against the insured to assert a disparagement claim

The Alabama Supreme Court, reversing a trial court’s decision, has ruled that the “mysterious disappearance” exclusion in an “all risk” insurance policy precluded coverage for a missing sailboat.

The Case

After Michael Britt purchased a Beneteau brand sailboat in 2004, he insured it with St. Paul Fire & Marine Insurance Company pursuant to an “all

The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the Western District of Missouri, has enforced the anti-stacking provisions in two insurance policies issued by one insurance company.

The Case

Thomas Campbell was attempting to remove a tree from property being developed for a residential subdivision.

A New Jersey appeals court, affirming a trial court’s decision in an environmental contamination coverage case, has rejected the insured’s argument that payments due from its insolvent insurers should be reallocated among its solvent primary and excess insurers.

The Case

Beginning in 1970, Ward Sand and Materials Company accepted municipal waste from Pennsauken Township, New

Michael Cannata’s column was published in the New York Intellectual Property Law’s December 2015/January 2016 issue of “The Report.”  Michael’s column is entitled, “Notable Trademark Trial and Appeal Board Decisions.”

Complete summaries of the decisions can be found here.

Long-Term Disability Benefits May Be Reduced by Amount of Worker’s Compensation Lump Sum Disability Award

The plaintiff, an employee of The Lubrizol Corporation, sustained a disabling injury at work in July 2011. He filed for long-term disability benefits under The Lubrizol Corporation Long-Term Disability Plan in December 2011. His claim was approved in January 2012, and