ARTICLES LIBRARY OF c

Carbon Monoxide Poisoning Deemed Traditional Pollution Precluding Coverage Under Policy’s Pollution Exclusion

By Joanna M. Roberto, Esq. and Paul C. Steck, Esq. of Goldberg Segalla LLP     This environmental coverage action involved a Church pastor and his wife’s exposure to carbon m

California District Court Finds No Duty to Defend Under EPL Policy for Class Action Labor and Wage-Related Claims

By Devin C. Maddox, Esq. of Tressler LLP   New Hampshire Ball Bearings, Inc. (NHBB) was sued for alleged labor law violations and unfair wage practices, and tendered the claim to its EPL

Cy – "Burned" – The New Importance of Cyber Insurance

By Seth L. Laver, Esq. Jessica L. Wuebker, Esq. & Matthew D. Cabral  Data breaches that result in the unwanted dissemination of personal information are prevalent in the news of late, particu

Claims-Made And Reported Policies – Recent Late Notice Prejudice Requirements – Are The Insurance Products Being Underpriced?

By Joseph Monteleone, Esq. of Tressler LLP   Three recent decisions since the beginning of this year illustrate how different courts presented with divergent facts might interpret substant

Common and Creative Claims Made Against Insurance Broker For Failure to Procure Coverage

By Peter J. Biging, Esq. of Goldberg Segalla LLP     Claims against insurance agents and brokers based on failure to procure coverage are not uncommon after an uncovered loss occurs.&n

Covered Antitrust Claim Not Subject To Coverage Defenses Relating To Disgorgement – Unpaid Wage Issues

By Joseph Monteleone, Esq. of Tressler LLP   On January 16, 2014, the Sixth Circuit held that settlement of litigation involving antitrust allegations arising from hospitals' alleged underp

Continuing Education for Insurance Licensing

By Barbara Donnar, CEO of Supportive Insurance Services   Yes, we know. The words “Continuing Education” are dirty words for most of us involved in insurance licensing. 

Circuit Court to Weigh in on When Interns are Considered Employees

By Marc Zimet, Esq. of Jampol Zimet LLC   The U.S. Court of Appeals for the Second Circuit has granted two petitions to appeal trial court decisions in employment cases concerning wheth

Can a Plaintiff Safely Walk and Chew Gum at the Same Time in Pennsylvania?

By Matthew J. Noble, Esq. and David Salazar, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.       Key Point

Court Finds that Statute Eliminated the Distinction Between Agents and Brokers

By Donald A. O'Brien, Esq. of Hinshaw & Culbertson LLP Plaintiffs brought an action against an insurance agent and the insurance carrier seeking damages for the agent's negligence in procu

Cybercrime Strikes Target Corp

By Seth L. Laver, Esq.  Lila M. McKinley, Esq. and Michael P. Luongo, Esq. of Goldberg Segalla LLP Target Corporation, the nation’s number two general retailer (after Wal-Mart), was r

Current Issues with Regard to 831(b) Captives – Part I

By Todd Dashoff ACAS, MAAA, ARM,and Ronald T. Kuehn, FCAS, MAAA, CERA, CPCU, ARM, FCA of Huggins Actuarial Services, Inc. (The contents of this article are not to be construed as tax advice.

Court Rules Insurance Broker Had No Duty To Investigate Coverage Needs

By Marc Zimet, Esq. of Jampol Zimet LLC   On October 4, 2013, the California Court of Appeals for the Fourth District reaffirmed prior rulings regarding the duties of an insurance broker in pro

Certificates of Authority and Insurance Agency Licensing

  By Barbara Donnar, CEO of Supportive Insurance Services                                      &

Court Rules Unpaid Interns May Not Sue For Sexual Harassment Under NYC Civil Rights Statutes

By Goldberg Segalla LLP   The topic of unpaid interns has generated a lot of buzz in the employment law world after a flurry of recent lawsuits in which interns sought repayment under the Fair

Colorado Court Applies Massachusetts Law to Bar Coverage for Chinese Drywall

By Richard J. Cohen, Esq. and Richard J. Ahn. Esq. of Goldberg Segalla LLP   A Colorado state court applied Massachusetts law to deny an excess carrier’s summary judgment motion that sought

Claims for Alleged Failure to Train and Supervisory Liability Relating to Police Psychological Evaluation Dismissed

By Lawrence J. Bartel, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.    Wiggs v. City of Philadelphia, 2014 U.S. Dist. LEXIS 24978 (U.S.D.C. East. Dist. Pa., 2/14)   The p

Cleveland Indians Sue Insurance Broker following Wrongful Death Claim

By Lila M. McKinley, Esq. and Joanna J. Romero, Esq. of Goldberg Segalla LLP   It is generally understood that an insurance broker may be held liable for failing to obtain requisite insurance

Confidentiality and Non-Disparagement Provisions in Employment Agreement Unlawful, NLRB Holds

By Philip B. Rosen, Esq. and Howard M. Bloom, Esq. of Jackson Lewis LLP Applying the principles it has used primarily to evaluate handbook rules and personnel policies, the National Labor

Capital Crunch: What Captives Need to Know About Economic Capital Modeling

By Alan Pakula, ACAS, MAAA and Todd Dashoff, ACAS, MAAA, ARM of Huggins Actuarial Services, Inc.     What is economic capital?     Economic capital is defined as &ldq

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