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| 1 | Florida Supreme Court Finds Insurance Coverage for Costs of Repairing Subcontractor's Completed, Defective Work Edmund M. Kneisel, Jonathan Palmer; Kilpatrick Stockton LLP; July 23, 2008, previously published on June 25, 2008 In yet another important victory for general contractors, the Florida Supreme Court has issued a new decision holding that a standard form Commercial General Liability ("CGL") insurance policy covers a general contractor's liability for post-completion property damage to a negligent... |
| 2 | Ex-Employer Liable for Failure to Maintain Malpractice Insurance Leigh Ann Lauth O'Neill; Krieg DeVault LLP; July 18, 2008, previously published on June 2008 The Indiana Court of Appeals recently held that a genuine issue of material fact existed as to whether a physician's former employer orally promised to continue her malpractice insurance after her termination and whether her reliance on such promise was reasonable. |
| 3 | Update - New Insurance Legislation Passed in New York Stephen M. Marcellino, Perry I. Kreidman, Adam R. Bialek; Wilson Elser Moskowitz Edelman & Dicker LLP; July 17, 2008, previously published on July 2008 In a marked departure from longstanding precedent, the New York State Legislature has passed a bill, shortly expected to be signed by Governor David A. Paterson, that erodes - if not eliminates - the late-notice defense available to insurers under liability policies covering personal injury and... |
| 4 | Fifth Circuit Rules that Vendor's Endorsement in Manufacturer's Policy Provides Coverage to Seller of Product Hunton & Williams LLP; July 16, 2008, previously published on June 2008 Vacating the district court's ruling in a products liability action and remanding for further proceedings, the United States Court of Appeals for the Fifth Circuit held that, under Louisiana law, a claimsmade products/completed operations liability insurance policy issued by an insurer to a... |
| 5 | No Professional Liability Insurance Coverage for Substandard Quality of Care False Claims Act Liability Robert M. Wolin; Baker & Hostetler LLP; July 11, 2008, previously published on June 26, 2008 The government brought a substandard quality of care False Claims Act case against O'Hara Regional Center for Rehabilitation claiming that the facility was inadequately staffed to meet the statutory and regulatory requirements under its provider agreements. |
| 6 | Decision Rendered -- Controversy Regarding Insuring Against Punitive Damages Continues William W. Pugh, Harold J. Flanagan, Kevin J. Connolly; Liskow & Lewis, A Professional Law Corporation; July 9, 2008, previously published on May 28, 2008 On certified question from the Fifth Circuit Court of Appeals, the Texas Supreme Court, in Fairfield Insurance Company v. Stephens Martin Paving, LP, 246 S.W.3d 653 (Tex. 2008), addressed whether Texas' public policy prohibits a "liability insurance provider from indemnifying an award for... |
| 7 | Bush Signs Anti-Genetic Discrimination Bill Lathrop & Gage L.C.; July 9, 2008, previously published on June 2008 On May 21, President Bush signed into law an anti-discrimination measure that prevents employers and health insurance companies from discriminating against or refusing coverage to individuals based on the results of genetic testing. |
| 8 | New York Federal Court Rejects Product Liability Insurance Claim Made Against a General Liability Policy Summer Lee Sylva; Holland & Knight LLP; July 7, 2008, previously published on June 24, 2008 The United States District Court for the Southern District of New York, applying the law of the state of New Hampshire, recently denied plaintiff Tradin Organics USA, Inc. (Tradin), an organic food distributor, recovery on a product liability claim filed with its insurer, defendant Maryland... |
| 9 | Dual Role of Insurers Creates Conflict Requiring Totality of the Circumstances Review Baker & Hostetler LLP; July 7, 2008, previously published on June 20, 2008 In an important case for employers sponsoring ERISA-covered plans, such as a disability plan, where an insurer also acts as an administrator adjudicating claims, the U.S. Supreme Court ("Court") announced its 6-3 decision in Metropolitan Life Insurance Co. v. Glenn, U.S. No. 06-923, on... |
| 10 | New Supreme Court Glenn Decision Requires Courts to Consider Employer Conflicts in ERISA Benefit Denial Decisions James P. McElligott, Richard L. Menson, Jeffrey R. Capwell, James H. Culbreth, David F. Dabbs, Larry R. Goldstein, Bruce M. Steen; McGuireWoods LLP; July 7, 2008, previously published on June 20, 2008 The U.S. Supreme Court has ruled that an insurer who both paid and decided ERISA disability benefits had a conflict of interest that courts must consider in determining whether the insurer abused its discretion in denying a claim, even without evidence that the conflict influenced the decision.... |
