Wilson Elser Moskowitz Edelman & Dicker LLP Document Search Results (91)
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|Unanimous Wisconsin High Court Sustains Broad Asbestos Exclusion That Comprehensively and Unambiguously Bars Coverage for Any Asbestos-related Loss|
William J. Katt, Carl J. Pernicone, Heather L. Utlaut; Wilson Elser Moskowitz Edelman & Dicker LLP;
January 17, 2014, previously published on January 16, 2014In Phillips v. Parmelee, 2013 WI 105 (December 27, 2013), the Wisconsin Supreme Court rejected the argument that a broad asbestos exclusion in a business insurance policy was ambiguous. A unanimous court ruled that a real estate seller is not covered for an alleged failure to disclose the presence...
|Affordable Care Act Has Potential to Limit a Defendant’s Exposure for Future Medical Costs in New York Personal Injury Litigation|
Joseph A.H. McGovern, John D. Morio; Wilson Elser Moskowitz Edelman & Dicker LLP;
January 17, 2014, previously published on January 17, 2014Generally overlooked in the national debate surrounding the Patient Protection and Affordable Care Act (ACA) is the effect the new law will have on personal injury litigation. If standard loss-allocation and mitigation rules are followed, the new law should have a significant impact on a personal...
|Illinois Appeals Court Rejects Application of Absolute Pollution Exclusion to Claim for Unpleasant Odors Emanating from Hog Farm Manure|
Loren S. Cohen, Jacob R. Graham, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
January 3, 2014, previously published on December 24, 2013In Country Mutual Insurance Company v. Hilltop View, LLC, 2013 IL App (4th) 130124, an intermediate Illinois appeals court held that the absolute pollution exclusion in an umbrella policy did not preclude coverage for a claim by neighbors for unpleasant manure odors arising out of the...
|New Jersey Court of Appeals: Discovery Related to Bad Faith Claims Should Be Stayed Pending Resolution of Insurance Claims for UM/UIM Benefits|
Kim M. Connor, Thomas F. Quinn; Wilson Elser Moskowitz Edelman & Dicker LLP;
December 20, 2013, previously published on December 18, 2013On November 21, 2013, in Procopio v. Government Employees Insurance Company, a/k/a and d/b/a GEICO, Docket No. A23-1-12T2, an intermediate New Jersey appeals court held that in a pending uninsured motorist (UM) or underinsured motorist (UIM) coverage case, a policyholder may not file a complaint...
|New York’s Highest Court Reverses Itself on Prior Damages-Limiting Decision|
Eugene T. Boulé, Guy J. Levasseur, Adam B. Rosen; Wilson Elser Moskowitz Edelman & Dicker LLP;
December 17, 2013, previously published on December 16, 2013In the first Maria Auqui v. Seven Thirty One Limited Partnership et al. (Auqui) decision earlier this year (February 14, 2013), the Court of Appeals held that when a Workers' Compensation Board (WCB) decision sets forth the date a worker’s disability ended, a trial court in a third-party...
|Punitive Damages Based on Gross Negligence: Massachusetts Bucks the Trend|
Christopher P. Flanagan, Christopher J. Seusing; Wilson Elser Moskowitz Edelman & Dicker LLP;
December 16, 2013, previously published on December 2013In the recent decision in Aleo v. SLB Toys USA, Inc., 466 Mass. 398 (2013), the Massachusetts Supreme Judicial Court (SJC) found that an $18 million punitive damages award based on gross negligence was not grossly excessive or violative of due process. As one of eight states that permit punitive...
|Exclusion Requested by First Named Insured and Contained in the Prior Policy Is Binding on All Named Insureds, Even Those Unaware of the Exclusion|
Carl J. Pernicone, Robert E. Rider; Wilson Elser Moskowitz Edelman & Dicker LLP;
December 13, 2013, previously published on December 10, 2013 In Berkhouse v. Great American Assurance Co., Case no. 13-0264, November 22, 2013, the West Virginia Supreme Court of Appeals rejected the argument by an injured party in a third-party declaratory judgment suit that an umbrella policy’s liquor liability exclusion unknown to a named insured...
|Recent U.S. Supreme Court Opinion Supports Forum Selection Clauses in Interstate Contracts|
William K. Enger, Tracy J. Luu-Varnes; Wilson Elser Moskowitz Edelman & Dicker LLP;
December 13, 2013, previously published on December 9, 2013On December 3, 2013, the United States Supreme Court in a unanimous decision made an important ruling that supports forum selection clauses in interstate contracts. In Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, et. al. (12-929,...
|California Protects Minors from the Internet by Imposing Restrictions on Online Marketing or Advertising of Products Minors Cannot Legally Purchase|
D. Victoria LaBrie, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
December 13, 2013, previously published on December 6, 2013Operators of Internet websites and online services, online applications or mobile applications (online media) will be prohibited from targeting minors with advertisements for goods that a minor cannot legally purchase and services in which a minor cannot legally engage. The new restrictions are set...
|Everyone Can Find Reasons to Give Thanks for 2013 California Coverage Opinions|
Louis H. Castoria; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 28, 2013, previously published on November 27, 2013Thanksgiving is one day when the whole family gets together and sets aside petty differences to give thanks to the Almighty for the bounty we enjoy.