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Document(s) published by this organization: 110
Show: results per page Sort by:  | Recent Decisions Bolster Emerging National Trend, Signaling Trouble for the Each-and-Every-Exposure Theory in Asbestos Litigation
Wilson Elser Moskowitz Edelman Dicker LLP;
Legal Alert/Article March 7, 2013, previously published on February 21, 2013 In asbestos cases, plaintiffs have long relied on expert testimony that “each and every exposure” to asbestos is a substantial contributing factor to the development of mesothelioma. In a series of recent opinions, courts in various jurisdictions have shown an increasing skepticism...
| | Update on NY Legislative and Regulatory Developments Regarding Unclaimed Life Insurance Benefits
Wilson Elser Moskowitz Edelman Dicker LLP;
Legal Alert/Article March 7, 2013, previously published on February 22, 2013 As reported in our November 2012 Client Alert entitled Latest Regulatory Developments Concerning Unclaimed Life Insurance Benefits, a few states have passed new laws governing claims investigation practices to address the issue of unclaimed life insurance benefits. New York’s law, enacted on...
| | Ninth Circuit Refuses to Recognize ERISA Plan’s Right to Recover Overpayment of LTD Benefits
Wilson Elser Moskowitz Edelman Dicker LLP;
Legal Alert/Article March 7, 2013, previously published on February 26, 2013 On February 19, 2013, the Supreme Court of the United States denied First Unum Life Insurance Company’s petition for a writ of certiorari in a case in which the Ninth Circuit refused to recognize an ERISA plan’s right to recover an overpayment of long-term disability (LTD) benefits...
| | Certain “Fixed Indemnity” Insurance Not Excepted Benefit under Affordable Care Act; Additional Rules Imposed by New York on “Indemnity” Policies
Sandy M. Smith; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article February 15, 2013, previously published on February 14, 2013 The U.S. Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) have recently published new guidance concerning the scope of the exception in the Affordable Care Act for “fixed indemnity” insurance policies. As described in the FAQs about...
| | New Jersey Order Reduces Time Period Insurers Have to Respond to Sandy-Related Claims Complaints
Frederick J. Pomerantz, Thomas F. Quinn, David A. Rose, Stacey B. Rowland, Sandy M. Smith; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article February 13, 2013, previously published on February 12, 2012 The New Jersey Department of Banking and Insurance (Department) issued Order No. A13-104 (Order) effective February 5, 2013, amending a New Jersey law that governs the time period in which insurers must respond to an inquiry from the Department regarding a consumer complaint filed with the...
| | Critical Issues in the Ninth Circuit Concerning ERISA Bench Trials and the Fiduciary Exception
Sean P. Nalty; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article February 13, 2013, previously published on February 11, 2013 Two important issues arose out of the Ninth Circuit Court of Appeals decision in Stephan v. Unum Life Ins. Co. of America, 697 F.3d 917 (9th Cir. 2012). Stephan involved the administration of a disability claim governed by the Employee Retirement Income Security Act (ERISA). The insurance policy at...
| | Certain Out-of-State Group Contracts Deemed to Be Delivered in New York
Sandy M. Smith; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article February 13, 2013, previously published on February 12, 2013 New York Insurance Law section 3201(b)(1) provides that certain group policies delivered outside of New York are still subject to New York policy form review and approval where such policies insure New York residents.
| | Superstorm Sandy: A Three-Month Retrospective
Brian J. Whiteman; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article February 13, 2013, previously published on February 11, 2013 In the three months since Superstorm Sandy battered the tri-state area, those affected continue to work toward restoring a sense of normalcy in their lives and communities. Today we have more clarity surrounding the devastation and impact of Sandy and the totality of the losses experienced by the...
| | Connecticut Trial Court Holds That Insured’s Conclusory Allegations of Bad Faith Are Sufficient to Survive Pleading Stage
Stephen P. Brown, Carl J. Pernicone, Samuel I. Reich; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article February 8, 2013, previously published on February 4, 2013 There is no Connecticut appellate authority on what facts an insured must allege to plead bad faith against an insurer. There are, however, several trial court decisions that have enumerated what must be alleged when pleading bad faith in order to sustain its legal sufficiency. Since 2008, there...
| | Colorado Supreme Court Abolishes Sudden Emergency Doctrine Defense
Jason D. Melichar; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article January 31, 2013, previously published on January 29, 2013 On January 22, 2013, the Colorado Supreme Court reversed an appellate decision affirming the trial court’s instruction to the jury on the sudden emergency doctrine, finding that competent evidence did not support giving the instruction. The Court then abolished the 60-year-old doctrine...
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