8th Circuit — Defining the “Regular Occupation,” and the Language Needed to Confer Discretion by Lane Powell PC - ERISA Law on 5/23/2012 We all know that ERISA disability claim decisions can hinge on the definition of the claimant’s “regular occupation” or “own occupation.” But how do you define a claimant’s “regular occupation”? Must you use the...more
Second Circuit Affirms Duty to Defend Under Professional Liability Policy by Traub Lieberman Straus & Shrewsberry LLP on 5/22/2012 In its recent decision in Westport Ins. Corp. v. Hamilton Wharton Group, Inc., 2012 U.S. App. LEXIS 9888 (2d Cir. May 17, 2012), the United States Court of Appeals for the Second Circuit had occasion to consider whether a...more
The Michigan Supreme Court Comes Full Circle On The Effect Of The No Fault Act’s Minor/Insanity Tolling Provisions On The Act’s... by Warner Norcross & Judd - Appellate Practice... on 5/17/2012 In the 2006 decision in Cameron v Auto Club Ins Ass’n, a narrow majority of the Michigan Supreme Court found that the provisions of the No Fault Act that tolled the statute of limitations for minors/insanity did not prevent...more
Oregon Laws for Pedestrian Right of Way by Sean DuBois on 5/17/2012 The laws surrounding pedestrian right of way can be complicated. You need to know 1) when to cross as a pedestrian and 2) when to yield as a motor vehicle driver. Violating any of these laws can cost you big - in both...more
May 2012: Appellate Litigation Update: Supreme Court to Review Patient Protection and Affordable Care Act by Quinn Emanuel Urquhart & Sullivan, LLP on 5/15/2012 Supreme Court to Review Patient Protection and Affordable Care Act: In one of the most important and closely watched cases in recent memory, the Supreme Court this Term will decide the constitutionality of the Patient...more
New York Court Rejects $90 Million D&O Settlement by Traub Lieberman Straus & Shrewsberry LLP on 5/11/2012 In In re Lehman Brothers Securities and ERISA Litigation, 2012 U.S. Dist. LEXIS 65167 (S.D.N.Y. May 3, 2012), Judge Lewis A. Kaplan, for the United States District Court for the Southern District of New York considered the...more
Court Denies Pennsylvania Insurance Department’s Move To Liquidate Two Long-Term Care Insurers by Ballard Spahr LLP on 5/10/2012 The Commonwealth Court of Pennsylvania has rejected the efforts of the Pennsylvania Insurance Department (PID) to liquidate two long-term care insurance (LTCI) companies domiciled in Pennsylvania. The ruling in Consedine v....more
Unambiguous Policy Language Precludes Coverage for More Than $15 Million in Losses Due to Madoff’s Ponzi Scheme by Sedgwick LLP on 5/8/2012 In Bleznak Black, LLC v. Allied World Nat’l Assurance Co., No. A-6107-09T2, 2012 N.J. Super. Unpub. LEXIS 879 (N.J. Super. Ct. App. Div. Apr. 20, 2012), the Superior Court of New Jersey, Appellate Division, affirmed the trial...more
South Carolina Court Awards Insured Declaratory Judgment Fees Through Appeal by Traub Lieberman Straus & Shrewsberry LLP on 5/8/2012 In a matter involving an issue of first impression under South Carolina law, the United States District Court for the District of South Carolina, in its recent decision in Jessco, Inc. v. Builders Mutual Insurance Co., 2012...more
California Court Denies Rescission of Insurance Policy by Traub Lieberman Straus & Shrewsberry LLP on 5/4/2012 In its recent decision in Thompson v. Navigators Ins. Co., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was...more
Insurance Antitrust Legal News - May 2012 • Volume 1, Number 1 by Dickinson Wright on 5/3/2012 In this issue: - McCarran Repeal Legislation Passes in the House In late March, legislation that would repeal the health insurance industry’s antitrust exemption, contained in the McCarran Ferguson Act (15 USC...more
Construction Attorneys--It Is Time to Check the Box!! by Katherine Gallo, Esq. on 5/1/2012 Five years, twenty drafts and hundreds and hundreds of non-billed attorneys later, the Civil and Small Claims Committee of the Judicial Council is recommending the Form Interrogatories - Construction Litigation be adopted and...more
RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy by Traub Lieberman Straus & Shrewsberry LLP on 5/1/2012 In its recent decision in Derderian v. Essex Insurance Company, 2012 R.I. LEXIS 54 (R.I. Apr. 27, 2012), the Supreme Court of Rhode Island had occasion to consider whether under a general liability policy, an insured was...more
NEW LAW CHANGES RULE GOVERNING REMOVAL OF MATTER FROM STATE COURT TO FEDERAL COURT by Erik Anderson on 5/1/2012 On January 6, 2012, the Federal Courts Jurisdiction and Venue Clarification Act (“Act”) of 2011 , came into effect. The Act as a whole brought changes to Federal statues affecting venue, removal and jurisdiction. The...more
APPELLATE DIVISION HOLDS THAT LIABILITY POLICY OF TENANT DOES NOT PROVIDE COVERAGE FOR LANDLORD AND ITS REAL ESTATE MANAGER by Erik Anderson on 5/1/2012 The Appellate Division in Cambria v. Two JFK BLV, LLC, et. al. (423 N.J. Super 499) was called upon to determine whether the trial court properly found that the landlord and its real estate manager were additional insured...more