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Document(s) published by this organization: 107


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HTMLTRIA - When the Ball Drops, No Need to Panic But...
Aaron J. Aisen, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 23, 2014
At exactly 12:00 a.m. on January 1, 2015, the New Year will be celebrated amidst ball drops and renditions of “Auld Lang Syne.” However, amidst the celebrations, the Terrorism Risk Insurance Act (TRIA) will expire. While there is a very real possibility that Congress will pass...

 

HTMLIndependent Contractors Fall within Employment-Related Practices Exclusions Says First Circuit
Michael Glascott, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 12, 2015
In Ruksznis v. Argonaut Insurance Co., 2014 U.S. App. LEXIS 23881 (1st Cir. Dec. 18, 2014), the First Circuit affirmed the district court’s grant of summary judgment in favor of Argonaut Insurance Company (Argonaut), finding that the employment-related practices exclusion in the subject...

 

HTMLHydraulic Fracturing Banned in New York
Andrew J. Scholz; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 17, 2014
New York Governor Andrew Cuomo announced today that he will prohibit high-volume hydraulic fracturing within the shale-rich state. The decision comes after years of debate and behind-the-scenes health studies. Health commissioner Howard Zucker reportedly said that he “cannot support”...

 

HTMLPA High Court Gives Green Light to Assignment of Bad Faith Claims
Anthony J. Golowski, Michael S. Saltzman; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 6, 2015
In Allstate Prop. & Casualty Insurance Co. v. Wolfe, No. 39 MAP 2014, 2014 Pa. LEXIS 3309 (Pa. Dec. 15, 2014), the Pennsylvania Supreme Court, in deciding a certified question from the Third Circuit, ruled that statutory bad faith claims under 42 Pa. C.S.A. § 8371 are assignable.

 

HTMLSettlement of Ill-Gotten Gains Suit Does Not Constitute Repayment or Restitution
James D. Macri, Jonathan Schapp; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 5, 2015
On Tuesday, December 16, in U.S. Bank Nat. Ass’n v. Indian Harbor Ins. Co., 2014 WL 7183851 (D. Minn. Dec. 16, 2014), the US District Court for the District of Minnesota granted US Bank’s summary judgment motion, finding insurance coverage in an overdraft-fee dispute settlement.

 

HTMLU.S. GAO Study Analyzes Market Share Among Health Care Enrollees
Fallyn B. Cavalieri, Sarah J. Delaney; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 8, 2014
The Patient Protection and Affordable Care Act (PPACA) requires the GAO to study competition and market concentration in the health insurance market. This study examined the individual, small group, and large group health insurance markets prior to the implementation of key PPACA provisions that...

 

HTMLWhere are You TRIA
Aaron J. Aisen, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 10, 2014
Politicos and industry alike are echoing the sentiments of Cindy Lou Who when she sings “Where are you, Christmas?” in the popular movie “How the Grinch Stole Christmas” except in this case, the question is, “Where are you TRIA?”

 

HTMLDistrict Court Deems Plant Contamination “Direct Physical Loss”
Ronald D. Puhala, Paul C. Steck; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 15, 2014
This commercial property coverage dispute involved a determination of whether the release of ammonia gas at a juice cup manufacturing plant constituted a “direct physical loss of or damage to” the policyholder’s property. As background, during the startup of a new manufacturing...

 

HTMLClaim Against Vehicle Owner Key to Umbrella Coverage for Auto Loss Caused by Permissive Driver
Patrick B. Omilian, Jensen Varghese; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 5, 2014
In this insurance coverage action, Allstate appealed from an order granting summary judgment and determining that a permissive user of a motor vehicle was covered under Allstate’s umbrella policy.

 

HTMLFlorida Court Refuses To Enforce Employment Related Practices Exclusion Against Defamation Claim Under Coverage B
Michael P. Kandler, Kevin P. Lolli; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 16, 2014
In Khatib v. Old Dominion Insurance Co., 2014 Fla. App. LEXIS 19843 (Fla. DCA 1st Dist. Dec. 5, 2014), the Florida Court of Appeal held that Old Dominion Insurance Company (Old Dominion) did not have a duty to defend its insureds against a defamation claim. As background, the insureds, directors...

 


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