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Optics Maker Burnt In Magnifying Glass IP Row Against Rival

Reprinted with permission from Law360. 

No-fault insurance fraud continues to plague New York, with estimates of its cost to consumers and insurance carriers reaching hundreds of millions of dollars.[1] The growing wave of fraud persists notwithstanding efforts by federal and state prosecutors to bring criminal actions seeking to punish alleged fraud[2] – and despite guilty pleas in some of these actions.[3] 

Court, Not Arbitrator, Must Decide Whether Accident Involved an Uninsured Motorist

After Alexander Aizin was involved in a motor vehicle accident, he sought arbitration of his claim against his automobile insurer for uninsured motorist benefits. The insurer moved for a stay of arbitration, arguing that, based upon the police accident report, Aizin was not involved

After working for Advantage Health Physician Network for about 18 months, the plaintiff in this case began taking intermittent leave under the Family and Medical Leave Act, claiming that she was incapacitated from pain from a back injury she had sustained years earlier. About five weeks into her leave, several of her coworkers saw pictures

The Colorado Supreme Court has reversed an intermediate appellate court and decided that the pollution exclusion in a commercial general liability (“CGL”) insurance policy issued to a restaurant barred coverage under the policy of claims against the restaurant that arose after it dumped cooking grease into the sewer and created a grease clog. 

The Case

The Supreme Court of Idaho has rejected a minor league baseball team’s argument that the “Baseball Rule” limited its duty to spectators hit by foul balls.   

The Case

Bud Rountree was struck by a baseball while attending a minor league baseball game and, as a result, lost an eye. He sued the team and a

The Supreme Court of Appeals of West Virginia has ruled that a court – not a jury – had to decide whether a policy exclusion was ambiguous and had been brought to the attention of the insured.

The Case

Gerald Kirchner was accidentally shot and killed by Robbie Bragg while both were working at Grimmett

The Alaska Supreme Court has affirmed a decision rejecting a bad faith claim against an insurer and awarding the insurer attorney’s fees and costs.  

The Case

On the morning of September 3, 2000, Alya Landt and Innocent Dushkin ? both of whom were intoxicated ? were in a rented truck that Landt was driving. The

 Court, Not Arbitrator, Must Decide Whether Accident Involved an Uninsured Motorist

After Alexander Aizin was involved in a motor vehicle accident, he sought arbitration of his claim against his automobile insurer for uninsured motorist benefits. The insurer moved for a stay of arbitration, arguing that, based upon the police accident report, Aizin was not involved

The plaintiff in this case, who worked for GKN North America Services until January 2009 when she stopped due to persistent pain from various medical conditions, filed a claim for disability benefits under an insurance policy issued by Hartford Life and Accident Insurance Company. The plaintiff received short term disability benefits through July 21, 2009,