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HTMLAccidental Death Benefits are Payable Drowning, Even if Seizure Involved, was Cause of Death
Fallyn B. Cavalieri, Sarah J. Delaney; Goldberg Segalla LLP;
Legal Alert/Article
November 26, 2014, previously published on November 13, 2014
In Chanthavong v. Union Security Ins. Co., (11/04/2014), the deceased, Corey Carter, was found in April of 2012, having accidentally drowned in his bathtub. Carter held a group life insurance policy established by his employer through defendant insurer that was subject to the provisions off the...

 

HTMLOregon Federal District Court Rejects Coverage for Trademark Infringement Under Coverage B
Jonathan L. Schwartz, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
November 26, 2014, previously published on November 18, 2014
In Crum & Forster Specialty Insurance Co, v. Willowood USA, LLC, et al., Civ. No. 6:13-cv-01923-MC, 2014 U.S. Dist. LEXIS 153363 (D. Or. Oct. 27, 2014), the district court of Oregon granted summary judgment in favor of Crum & Specialty Insurance Company, Allied World Assurance Company, and...

 

HTMLNew Jersey Federal District Court Sheds Light on “Use of Motor Vehicle” Standard in New Jersey Omnibus Statute
Davis J. Kim, Jonathan Schapp; Goldberg Segalla LLP;
Legal Alert/Article
November 26, 2014, previously published on November 25, 2014
In Carolina Casualty Insurance Co. v. Travelers Property Casualty Co., Civ. No. 09-4871, 2014 U.S. Dist. LEXIS 150002 (Oct. 22, 2014), the United States District Court for the District of New Jersey interpreted the “use of a motor vehicle” standard under New Jersey’s omnibus motor...

 

HTMLCalifornians - “Insurance on My Mind”
Aaron J. Aisen, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
November 26, 2014, previously published on November 12, 2014
California voters had insurance on their minds during the mid-term elections with at least two insurance-related questions on the ballot.

 

HTMLYou Get What You Pay For: Title Insurers Need Only Defend Claims Explicitly Covered in Policy
Aaron J. Aisen, Marc W. Brown; Goldberg Segalla LLP;
Legal Alert/Article
November 26, 2014, previously published on November 19, 2014
On November 13, the Seventh Circuit Court of Appeals decided in a case of first impression that the “complete defense” rule does not apply to title insurers and overturned the Northern District of Illinois’s ruling in Philadelphia Indemnity Ins. Co. v. Chicago Title Ins. Co. that...

 

HTMLFifth Circuit: Claimant Must Wait for Actual Claim Denial to File Suit
Fallyn B. Cavalieri, Sarah J. Delaney; Goldberg Segalla LLP;
Legal Alert/Article
November 26, 2014, previously published on November 17, 2014
In an unpublished opinion, the Fifth Circuit affirmed the dismissal of a class action suit that alleged the claim administrator, wrongfully denied payment of medical claims “immediately,” instead of waiting for the participant to fail to provide requested information. In this case, the...

 

HTMLOregon Federal District Court Gives Insurer Partial Win in Superfund Case
Joanna M. Roberto, Paul C. Steck; Goldberg Segalla LLP;
Legal Alert/Article
November 26, 2014, previously published on November 17, 2014
In Siltronic Corp. v. Employers Ins. Co. of Wausau, No. 3:11-cv-1493, 2014 U.S. Dist. LEXIS 153275 (D. Or. Oct. 28, 2014), an Oregon federal court granted partial summary judgment for the insured Siltronic Corp. (Siltronic), finding the insurer Employers Insurance Company of Wausau (Wausau) had a...

 

HTMLUpcoming Supreme Court Decision Could Change the EEOC Litigation Landscape for Employers
Caroline J. Berdzik, Jennifer M. Mannion; Goldberg Segalla LLP;
Legal Alert/Article
November 12, 2014, previously published on October 31, 2014
A decision by the U.S. Supreme Court on whether and to what extent a court may enforce the Equal Employment Opportunity Commission’s (EEOC) mandatory duty to conciliate discrimination claims before filing suit could significantly change the landscape of EEOC litigation for employers. The...

 

HTMLEmployer Dress Code Policies Under the Microscope as Supreme Court Reviews Abercrombie & Fitch Case
Goldberg Segalla LLP;
Legal Alert/Article
October 28, 2014, previously published on October 17, 2014
A suit brought by the Equal Employment Opportunity Commission (EEOC) against national clothing retailer Abercrombie & Fitch Stores, Inc., demonstrates why employers should carefully review any dress code policies with counsel, particularly as they may conflict with attire worn for religious...

 

HTMLEmployers Must Prepare for Scrutiny as Federal and State Labor Departments Join Together to Fight Employee Misclassification
Caroline J. Berdzik, David E. Leach; Goldberg Segalla LLP;
Legal Alert/Article
October 17, 2014, previously published on October 10, 2014
Employers across the country continue to misclassify workers as independent contractors rather than as employees, and as we recently saw in Alexander v. FedEx Ground Package System, Inc., such actions can result in litigation and federal and state scrutiny.

 


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