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HTMLIllinois 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;
Legal Alert/Article
January 3, 2014, previously published on December 24, 2013
In 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...

 

HTMLNew 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;
Legal Alert/Article
December 20, 2013, previously published on December 18, 2013
On 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...

 

HTMLNew 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;
Legal Alert/Article
December 17, 2013, previously published on December 16, 2013
In 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...

 

Adobe PDFPunitive Damages Based on Gross Negligence: Massachusetts Bucks the Trend
Christopher P. Flanagan, Christopher J. Seusing; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 16, 2013, previously published on December 2013
In 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...

 

HTMLCalifornia 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;
Legal Alert/Article
December 13, 2013, previously published on December 6, 2013
Operators 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...

 

HTMLExclusion 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;
Legal Alert/Article
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...

 

HTMLRecent 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;
Legal Alert/Article
December 13, 2013, previously published on December 9, 2013
On 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,...

 

Adobe PDFEveryone Can Find Reasons to Give Thanks for 2013 California Coverage Opinions
Louis H. Castoria; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 28, 2013, previously published on November 27, 2013
Thanksgiving 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.

 

Adobe PDFIncognito No Longer: Workplace Bullying Legislation Again at the Forefront
Scott Sweeney; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 28, 2013, previously published on November 2013
The much “ballyhooed” controversy surrounding the Miami Dolphins’ offensive tackle Jonathan Martin’s departure following the allegedly incessant bullying and harassment by all-pro lineman Richie Incognito has reignited the discussion over the need for legislation to prevent...

 

HTMLTemporary Insurance Applications and Agreements: The Impact of Material Misrepresentations in Life Insurance Applications on Coverage
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 19, 2013, previously published on November 15, 2013
Earlier this year, the Fourth Circuit upheld a decision of the U.S. District Court for the Eastern District of Virginia, Banner Life Ins. Co. v. Noel, No. 12-1329, 2013 WL 221650 (4th Cir. Jan. 22, 2013), holding that a material misrepresentation made in a life insurance application was a...

 


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