General Business Insurance Civil Rights

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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Lawsuits Are On The Rise. Are You Covered?

On September 25, 2014, the Equal Employment Opportunity Commission (“EEOC”) filed the first two suits in its history challenging transgender discrimination under the 1964 Civil Rights Act. As discrimination litigation...more

ADA Claims Coming for Retailers This Holiday Season for Inaccessible Websites

The Department of Justice takes the position that websites are covered by the Americans with Disabilities Act (ADA). More claims are being filed by plaintiffs targeting retailers whose websites are inaccessible to consumers...more

In an Opinion with Far-Reaching Implications, the Second Circuit Finds Insurance Coverage for an ERISA Claim

When a general liability policy expressly provides coverage for employee benefits liability and the plaintiff in the underlying suit alleges a violation of the Employee Retirement Income Security Act of 1974 (“ERISA”), does...more

Cost of Insurance Litigation -- District Court Says Stick to Enumerated Factors

In a class action challenging a cost of insurance (COI) rate increase, a New York federal district court has stated that an insurer may only consider factors specifically enumerated in the policy when raising COI rates on a...more

AMA’s Recognition of Obesity as a Disease May Trigger Increased Claims under Employment Practices Liability Coverage

In June, the American Medical Association (AMA) adopted a policy recognizing “obesity” as a “disease” requiring a range of medical intervention. With “obesity” now recognized as a “disease” by the AMA, obese employees may be...more

Disparate Impact Discrimination Remains in the Spotlight: Insurance Industry Trade Groups Challenge HUD’s Disparate Impact Rule

Two insurance industry trade groups, the American Insurance Association and the National Association of Mutual Insurance Companies, recently filed suit against the U.S. Department of Housing and Urban Development (HUD)...more

Court of Appeal Affirms Summary Judgment in Favor of Farmers Insurance on Independent Contract Issue

On July 11, 2013, the Second Appellate District in Beaumont-Jacques v. Farmers Group Inc. concluded as a matter of law that a worker’s ability to exercise meaningful discretion in her job-related efforts rendered her an...more

Employers with Insured Health Plans Must Take Care in Providing Healthcare Subsidies to Departing Executives

Many executives have employment agreements that provide for specified payments in the event of termination. In instances where employees do not have employment agreements, employers often seek to provide terminating...more

Standard CGL Policy "Personal Injury" Coverage Excludes Defense for Housing Discrimination, But Broader Umbrella Policy Provides...

In Federal Insurance Company v. Steadfast Insurance Company, issued September 24, the California Court of Appeal, Second Appellate District, held that two primary liability policies that provided “personal injury” coverage...more

New California Law Requires Insurer Reports on Use of Minority-, Women-, and Disabled Veteran-Owned Businesses

California Governor Jerry Brown has signed Assembly Bill 53 expanding insurers' reporting requirements. Existing law already requires each admitted insurer to provide information to the Insurance Commissioner on its community...more

The DOL's Growing Interesting in Targeting YOU for FLSA Violations

This PowerPoint provides an overview of the Department of Labor's increasing efforts to target specific businesses and specific types of practices committed by many businesses in regard to how they classify or pay employees. ...more

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