Education Civil Procedure Insurance

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The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees...

Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”)...more

Religious Institutions Update: December 2015

Captive insurance companies can be a win-win for organizations with excellent claim records that would rather accrue their insurance premiums than pay them to a third-party insurer. Put simply, captive insurers are insurance...more

Group Life Insurance Claims by a Teacher’s Beneficiary Are Subject to ERISA Preemption: Woods v. American United Life Insurance...

On ERISA preemption grounds, a federal court has ruled against state law claims asserted by the beneficiary of a former school teacher who sought benefits from a group life insurance policy. Woods v. American United Life...more

ERISA: Public School Teacher’s Employee Benefits Governed by ERISA? Yes!

When you see a claim for disability or life insurance benefits by a public school teacher, you might assume the claim is not governed by ERISA because of the governmental plan exception....more

Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation is a “Claim” Giving Rise to Covered Defense...

In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in...more

Your Deposition is Being Taken: Nine What to Know’s and What to Do’s

Your deposition is an important part of your case. I have listed what to expect during a deposition and some things you should and should not do....more

Shifting Your Legal Fees to Your Opponent: Florida’s Tricky and Prickly Proposals for Settlement

The Proposal works like this: You serve your opponent with an offer to settle the case for a specific amount. Then you wait 30 days. If your opponent doesn’t accept the offer within 30 days, it is deemed rejected. ...more

Oregon Laws for Pedestrian Right of Way

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

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