Insurance Coverage


Workers’ Compensation Retaliation Claim Filed More Than Six Months After Employee Was Terminated Is Barred by Contractual Limitation Provision
May 31, 2011 | Appeals | Insurance Coverage

The plaintiff in this case applied for a position with the Federal Express Corporation in November 1993, completing and signing an employment application and employment agreement. One of the provisions of the employment agreement provided that “to the extent law allows an employee to bring legal action against Federal Express, I agree to bring that

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Policy Does Not Separately Cover Mental Distress Damages, Appeals Court Rules
| Insurance Coverage

A vehicle driven by Marilyn Mong struck a tractor driven by her husband Tim, resulting in Tim’s death at the scene. Kolt Mong, Marilyn’s stepson and Tim’s natural son, was in Marilyn’s vehicle at the time; he subsequently filed a negligence action against Marilyn seeking damages for mental distress. In another case, Tim’s estate

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Criminal and Administrative Insurance Fraud Cases in the Courts
May 6, 2011 | Appeals | Insurance Coverage

State and federal courts in New York have recently issued a number of significant decisions in cases involving allegations of insurance fraud in the criminal and administrative arenas. The results were decidedly mixed for the government.[1] However, the fact that there have been so many important cases in the courts, together with at least one

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New York Insurance Coverage Law Update
May 1, 2011 | Insurance Coverage

Assignor’s Failure To Appear At IME Dooms Provider’s Claim For No-Fault Benefits

A health care provider that had been assigned first-party no-fault benefits sued the insurance company for payment. The insurer moved for summary judgment, asserting that the provider’s assignor had failed to appear for an independent medical examination (“IME”). The court explained

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Foreign Workers May Proceed With FLSA Claims Seeking Reimbursement For Their Recruitment, Visa And Transportation Expenses, Court Rules
April 30, 2011 | Appeals | Insurance Coverage

Between 2004 and 2009, Trugreen Landcare LLC, which provides lawn and landscape services in the United States to approximately two million customers, obtained permission from the United States government to hire temporary foreign workers pursuant to the federal H-2B visa program. The plaintiffs in this case were individuals who resided outside of the United States

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Battle Lines
| Insurance Coverage

Please click the link below to view Battle Lines. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Battle Lines

Copyright © 2011 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

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CGL Policy Does Not Cover Regulatory Liability for Response Costs, Fourth Circuit Rules
| Insurance Coverage

Portions of property owned by Industrial Enterprises, Inc., in Baltimore, Maryland, had been used as landfills from the 1940s through the 1970s. In 1999, the U.S. Environmental Protection Agency proposed to include Industrial’s property, and neighboring properties, in a Superfund Site for cleanup. As part of its process, the EPA sent Industrial a letter

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New York Insurance Coverage Law Update
April 1, 2011 | Insurance Coverage

Exclusion Did Not Bar Coverage For Third Party’s Alleged Injuries In ATV Accident On Insured’s Property

After the operator of an all terrain vehicle allegedly sustained personal injuries on property owned by Grande Stone Quarry, LLC, the property owner’s general liability insurer disclaimed coverage to the property owner based upon an exclusion for

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Court Rejects FMLA Claim By Employee Who Tested Positive For Alcohol
March 31, 2011 | Appeals | Insurance Coverage

When the plaintiff in this case was first hired by Home Depot in November 2001, she received a copy of Home Depot’s Code of Conduct, which listed “Major Work Rule Violations” that could lead to termination. One of these violations was having detectable levels of alcohol as determined by a blood alcohol test.

The plaintiff

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Products Exclusion Blocks Coverage of Consumer Claims Against Mobile Content Provider
| Insurance Coverage

W3i Mobile, LLC, which provides mobile content such as ringtones, quizzes, horoscopes, and weather alerts to cellular telephone users, was sued by customers who claimed that W3i billed for products customers never ordered or received. W3i sought coverage under a Business and Management Indemnity policy and sued its insurer. The district court granted summary

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