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Coverage vs. Crime

Copyright © 2015 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

Michael Kotula, a Partner in the Insurance Coverage & Litigation Practice Group, was a contributor to Recent Developments in Excess Insurance & Reinsurance, which has been published in the 2015 Annual Survey of the American Bar Association Tort Trial & Insurance Practice Law Journal.

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Company Is Sanctioned for Failing to Issue a Timely “Litigation Hold” in ERISA Cases

Foot Locker, Inc., was sued on June 23, 2006 and again on November 30, 2006 with respect to the conversion of its retirement plan from a “defined benefit” pension plan to a “cash balance” plan.

The June 23, 2006 complaint alleged

Insurer Must Send Disclaimer To Purported Additional Insureds, New York Court Of Appeals Decides

The owner and managing agent of an apartment building hired a contractor to perform renovations. One of the con-tractor’s employees alleged that he was injured at the site and sued the owner and managing agent, who were insureds under their own

It is not often that two judges on the New York Court of Appeals leave the  court at the same time, as is occurring now with Judge Victoria A. Graffeo  (whose 14-year term is coming to a close) and Judge Robert S. Smith (who has  reached the retirement age of 70). Both judges have made

In an effort to combat insurance fraud, state legislatures across the country have passed a wide variety of bills this year that their governors have signed into law. While many other bills failed to make it to a governor’s desk for one reason or another, some that have been introduced may yet become law.

Despite

Court Dismisses General Contractor’s “Bad Faith” Claims Against Subcontractor’s Insurer

A general contractor sued a subcontractor’s insurer for additional insured coverage and “breach of the implied covenant of good faith and fair dealing” and breach of its “fiduciary obligations.”  The court dismissed the extra-contractual claims, reasoning that there were no allegations of  “independent breaches of

Circuit Court Upholds Decision Rejecting FMLA Claims Against Employer

The plaintiff in this case was employed by BT Americas, Inc., as a consultant for approximately three years. As a consultant, the plaintiff was assigned by BT Americas to work on telecommunications projects with client companies, and she often worked with employees of those companies.

The

SUM Benefits Triggered In $300,000/$300,000 Policy Where Other Driver’s Policy’s Limits Were $100,000/$300,000

The insured alleged that he was injured in an accident caused by the driver of another car who was insured by a “split limit” policy providing a bodily injury liability limit of $100,000 per person and $300,000 per accident.  Because those limits

Job Applicant Fails in Suit Challenging Company’s Decision to Rescind Conditional Job Offer Based on His Medical Exam

The plaintiff in this case applied for a systems engineer position with Southern Nuclear Operating Company at one of its nuclear power plants. Southern Nuclear extended the plaintiff a job offer contingent on satisfactory completion of a