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In most jurisdictions, underlying coverage issues must be resolved prior to invoking appraisal in a first-party property claim. The question of what constitutes a coverage issue (typically reserved for a court’s judicial...more
Many states, including Florida, automatically terminate former spouses as beneficiaries under life insurance policies, annuities, and other beneficiary-designated accounts upon divorce....more
The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced...more
In an insurance coverage dispute over disability insurance, the Second Circuit has joined the majority of federal circuit courts in holding that the question of whether a clause in a contract provides for arbitration is...more
Greb v. Diamond International Corp., __ Cal.4th __, __ Cal. Rptr.4th __ (February 21, 2013)
In a victory for liability insurers against the asbestos plaintiffs’ bar, the California Supreme Court ruled in Greb v. Diamond...more
The Washington Supreme Court has ruled that the Federal Arbitration Act (FAA) does not preempt a state statute that prohibits binding arbitration agreements in insurance contracts....more
In a class action lawsuit, the U.S. Court of Appeals for the 7th Circuit recently affirmed a lower court decision granting a preliminary injunction that prevented the state of Indiana from enforcing a $1,000 annual cap on...more
Can an insurance policy be rendered unenforceable by Illinois public policy because of a conflict with another state's law?
This morning, in an opinion by Justice Lloyd A. Karmeier for a 6-1 majority, the Illinois...more
Under Texas law, “when the facts to be adjudicated in [a] liability lawsuit are the same facts upon which coverage depends, the conflict of interest will prevent the insurer from conducting the defense.” N. Cnty. Mut. Ins....more
When does ERISA govern short term disability payments?
Take a look at this recent case, Behjou v. Bank of America et. al, [PDF] __ F.Supp. 3d __ (N.D. California May 1, 2012).
FACTS: Behjou brought short term...more
A couple of years ago, Sedgwick authored an amicus brief, which the California Court of Appeal in Watanabe v. California Physicians' Service (2008) 169 Cal.App.4th 56 relied upon to hold that California Health & Safety Code...more
In Montefiore Medical Center v. Teamsters Local 272, 642 F.3d 321 (2d Cir. 2011), the U.S. Court of Appeals for the Second Circuit held that an in-network provider's state law based reimbursement claim is completely preempted...more
Earlier this year, California Shock Trauma Air Rescue (“CALSTAR”), an air ambulance company rendering services primarily in California, filed an action in federal court in Sacramento against more than 75 workers’ compensation...more
Compulink v. St. Paul Fire Insurance Company: California Court of Appeal Holds Parties Required to Arbitrate Disputes Involving Cumis Counsel Fees.
Please see full post for more information....more
Defendant W. R. Grace & Co.--Conn. (“Grace”) submits this Memorandum of Law in support of its motion for relief from the Court's previous choice of law determination, based on the Court's inherent authority to modify an...more
A brief submitted in a complex toxic tort insurance coverage case urging the court to employ its discretion and decline to rely on the law of the case doctrine and to revisit an earlier ruling as to choice of law in light of...more
Published in Mealey's Litigation Report -- Insurance...more
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