Julie Kim

Julie Kim

Sedgwick LLP

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New Jersey Court Turns the Screws on the Insured, Holding That “Your Product” Exclusion Bars Coverage For Defective Product Claim

In Titanium Industries, Inc. v. Federal Ins. Co., No. A-1922-12T1, 2014 WL 4428324 (N.J. Super. Ct. App. Div. Sept. 10, 2014), the court held that the commercial general liability policy issued by defendant Federal Insurance...more

9/12/2014 - Commercial General Liability Policies Material Defects Policy Exclusions Popular

Post-Heimeshoff Case Law Signifies Consistency in Applying ERISA Plan Limitations Provisions

As we reported back in December 2013, the U.S. Supreme Court recently ruled that a reasonable limitation of actions provision in an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974...more

5/9/2014 - Employee Benefits ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. SCOTUS Statute of Limitations

SDNY Refuses to Find Exceptions to the Firestone Deference Rule

In Wedge v. Shawmut Design & Construction Group Long Term Disability Ins. Plan, No. 12 Civ. 5645 (KPF) (S.D.N.Y. Sept. 10, 2013), the court declined to recognize an exception to the rule established in Firestone Tire & Rubber...more

9/26/2013 - Disability Disability Benefits Employee Benefits ERISA Health and Welfare Plans SCOTUS

Second Circuit Holds That Insurers May Recover Overpayments of Benefits Under ERISA

On March 13, the Second Circuit issued a significant opinion interpreting key provisions of the Employee Retirement Income Security Act (“ERISA”). In Thurber v. Aetna Life Ins. Co., Case No. 12-370-cv, 2013 WL 950704 (2d...more

3/20/2013 - Disability Benefits ERISA Insurers Overpayment

Disability Policy’s Mental Illness Limitation Upheld by Ninth Circuit in Fibromyalgia Case

In Maurer v. Reliance Standard Life Insurance Co., No. 11-16044, 2012 WL 6101903 (9th Cir. Dec. 10, 2012), the Ninth Circuit interpreted a policy provision favorably for insurers, holding that a policy’s mental nervous...more

1/23/2013 - Disability Disability Insurance Fibromyalgia Mental Illness Reliance Standard Life Insurance

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