Insurance Coverage


From the Courts
May 1, 2015 | Appeals | Insurance Coverage

Plaintiff’s Statements to Social Security Administration Doom His ADA Discrimination Claim, Tenth Circuit Rules

After the plaintiff in this case allegedly suffered a workplace injury, he sought and obtained Social Security disability benefits on the ground that he was unable to work. While the plaintiff was representing to the Social Security Administration that he was

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Rutkin Publishes Article in Best’s Review Entitled, “The Square Peg of Cyber Coverage”
April 30, 2015 | Privacy, Data & Cyber Law | Insurance Coverage

Alan Rutkin, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, has published an article entitled, “The Square Peg of Cyber Coverage,” in the May 2015 issue of Best’s Review.

Click here to read the article.

Best’s Review:  May 2015. Copyrighted A.M. Best Company, Inc. 2016.  All Rights Reserved, Reprinted with Permission.

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From the Courts
April 1, 2015 | Appeals | Labor & Employment | Insurance Coverage

U.S. Supreme Court Reverses Decision Finding that Collective Bargaining Agreements Created Right to Lifetime Contribution-Free Health Care Benefits

The plaintiffs in this case had worked at, and in 1996 and 1998 had retired from, the Point Pleasant Polyester Plant in Apple Grove, West Virginia. During their employment, the plaintiffs were represented in collective bargaining by

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New York Insurance Coverage Law Update
| Insurance Coverage

No Coverage For Claims Stemming From Lawyers’ “Hybrid” Law And Business Activities On Client’s Behalf

A client sued a law firm, its partners, and a separate limited liability partnership (the “LLP”) in which she claimed one of the firm’s partners was the “managing member.” The client asserted that the attorneys had induced her to proceed

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Natural Gas Leak Was a “Pollution Condition” under Contractors’ Pollution Liability Policy, Wisconsin Supreme Court Decides
March 31, 2015 | Insurance Coverage

The Wisconsin Supreme Court, reversing a decision by an intermediate appellate court, has ruled that a natural gas leak was a “pollution condition” under a contractors’ pollution liability insurance policy.

The Case

Dorner, Inc., a construction company, contracted with the Wisconsin Department of Transportation to perform road construction, including underground excavation. While Dorner’s employees were

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Insurer Was Not Estopped from Denying Coverage Even Though It Had Been Defending Insureds for over Three Years
| Insurance Coverage

A federal district court in Pennsylvania has ruled that an insurer that issued timely reservation of rights letters was not estopped from denying coverage even though it had been defending the insureds for over three years. 

The Case

Randy and Erin Shearer sued a number of homeowners in a Pennsylvania state court alleging that, after

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Coverage for Malicious Prosecution Claim Was Triggered at Beginning of Prosecution, Not When Accused Was Released, Illinois Appeals Court Holds
| Insurance Coverage

An appellate court in Illinois has ruled that coverage for a malicious prosecution claim under the language of law enforcement liability insurance policies issued to a city and its police officers was triggered at the commencement of the alleged malicious prosecution, not at termination of the prosecution in favor of the accused.

The Case                                                                                   

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Intellectual Property Exclusion Barred Coverage of Claims that Insured Manufactured and Distributed Products under Trademarks It Did Not Own
| Insurance Coverage

An appellate court in California has affirmed a trial court’s ruling that an intellectual property exclusion in an insurance policy precluded coverage of claims by the estate of R. Buckminster Fuller that the insured had violated its trademarks through the manufacture and distribution of a number of products. 

The Case

The Fuller estate sued Maxfield

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“Designated Products” Exclusion Precluded Coverage of Claims in Personal Injury Lawsuit over a Tree Stand
| Insurance Coverage

A federal district court in Pennsylvania has ruled that a “designated products” exclusion in a commercial general liability insurance policy precluded coverage of claims brought against the insured for a product manufactured by a company before the insured had acquired certain of the manufacturer’s assets. 

The Case

Daniel Webb alleged that he was injured during

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Excess, Surplus Lines, and Reinsurance Committee: Among Experienced and Diverse Professionals, Find Great Friends
| Insurance Coverage

Michael Kotula, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, wrote an article entitled, “Excess, Surplus Lines, and Reinsurance Committee: Among Experienced and Diverse Professionals, Find Great Friends,” for the Spring 2015 issue of the Tort Trial & Insurance Practice Law Section Journal (Vol. 44-3).

Click here to read article.

 

This information or any

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