ARTICLES LIBRARY OF c

Connecticut Supreme Court Rules on Issues Involving Commercial General Liability Policies

By Wilson Elser Moskowitz Edelman & Dicker LLP In Capstone Building Corporation v. American Motorists Insurance Company, 308 Conn. 760 (June 11, 2013) (SC 18886), the Connecticut Sup

Complexity of Obamacare

By Aaron Peterson of CenterPointe Solutions Inc.   Learn how the Affordable Care Act (ACA) requires insurers to provide coverage for a package of Essential Health Benefits in 10 benefit categorie

California and Illinois Appellate Courts Uphold Contractual Statute of Limitations Provision Abrogating Delayed Discovery Rule

  By Cassidy E. Chivers, Esq. of Hinshaw & Culbertson LLP Two recent appellate decisions i

California District Court Holds Insurer's Defense and Indemnification of Policyholder Does Not Exclude Bad-Faith Claims

By Marc Zimet, Esq. of Jampol Zimet LLP   An insurer who defends, provides policy benefits, and funds a settlement on behalf of its insured isn’t off the hook for bad faith claims, accordin

California Cities and Counties Can Allow, Restrict, Limit or Exclude Facilities that Distribute Medical Marijuana

By William Enger, Esq. and Victoria LaBrie. Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP   The California Supreme Court ruled unanimously on May 6 in City of Riverside v. Inland Empire

CA Supreme Court to Decide If Insurance Companies Can Be Sued under the Unfair Competition Law Expert Testimony Needed Where Breach of Fiduciary Claim Mirrors Legal Malpractice Claim

By Wilson Elser Moskowitz Edelman & Dicker LLP On Wednesday, May 8, 2013, the California Supreme Court heard oral arguments on the state’s Court of Appeal decision in Zhang v. Superior Court

Court Finds that Ownership is indeed 9/10th of the Law in Rescission Case

By Sarah J. Delaney, Esq.  and Carrie P. Appler, Esq. of Goldberg Segalla LLP   PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trust (1st Cir. (R.I.) May 13, 2013)   The Fi

Cephas is Still a Tough Standard for the Claimant to Satisfy in a Delaware Stress Claim

 By Jessica L. Julian, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C. Dan Pelletier v. Delaware Community Investment Corp., (IAB #1380379 – Decided 2/13/13)   Under Ceph

Claims Associated with Event Cancellation Insurance Resulting from a Terrorist Act May Involve Complex Coverage Issues

By Robert F. Roarke, Esq., Mathew P. Ross, Esq. & Debra A. Adler, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP   The bombings that occurred during the Boston Marathon, re

Coverage for Blanket Additional Insured Is Limited to Vicarious Liability of the Named Insured

By Anthony N. Balice, Esq. of Tressler LLP   The Minnesota Supreme Court found that Travelers Indemnity Company of Connecticut did not owe an obligation to provide additional insured coverage

Cell Phone Use and Employer Liability

By John Viggiani, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.   Key Points: ·Cell phone technology can increase employee productivity and enhances customer service.

Colorado Joins States That Exclude Insurance Coverage under Pollution Exclusion Clauses for Traditional and Nontraditional Pollution Events

By Joseph F. Bermudez, Esq. & Jessica C. Collier , Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP   Pursuant to an opinion issued by the Colorado Supreme Court (the Court) o

Court Examines the Term "For" as Used in an Exclusion in an Insurance Policy

By Kent J. Cummings, Esq. of Hinshaw & Culbertson LLP American Zurich Insurance Co. v. Wilcox and Christopoulos, LLC, 2013 IL App (1st) 12042 The term “for” as used in an exc

Cyber Liability in the Blogosphere Is it True that You are What You Tweet?

 By Dianna D. McCarthy, Esq. & Lauren Schivley, Esq.of Winget, Spadafora & Schwartzberg, LLP     Social media has revolutionized the way we view the world, and its cybe

Colorado Supreme Court Abolishes Sudden Emergency Doctrine Defense

By Jason Melichar, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP   On January 22, 2013, the Colorado Supreme Court reversed an appellate decision affirming the trial court’s instr

Claims Leakage – Plugging the Hole with Predictive Modeling Part 4 of 4: Final Case Studies and Recap

By Ronald T. Kuehn FCAS, MAAA, CPCU, ARM, FCA, Blaine Marles, FCAS, MAAA, & Todd Dashoff ACAS, MAAA, ARM of Huggins Actuarial Services Inc.   Part 1 http://agentsofamerica.org/pr_detail.p

Court Orders Monitoring to Ensure Employee does not Breach Non-Compete

By Tal Kadar, Esq. of Jackson Lewis LLP     A U.S. District Judge in Connecticut recently issued an injunction against a former employee of Amphenol Corp and his new employer, TE Co

Court Affirms Contribution Rights Against Nondefending Additional Insured Carrier Based on Shifting Burden of Proof

  By Maria S. Quintero, Esq. of Hinshaw & Culbertson LLP   In St. Paul Mercury Insur

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