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Personal Lines versus Commercial Lines Focus : You Cannot Fight Demographics

By Joseph L. Petrelli, President, Demotech, Inc.   Indulge me a brief background to set the tone for our thoughts as to why the key to future success is an understanding and acknowledge

Professional Engineers May Testify as Expert Witnesses Against Licensed Architect

By Donald A. O'Brien, Esq. of Hinshaw & Culbertson LLP   Garden Howe Urban Renewal Associates LLC v. HACBM Architects, Engineers, Planners LLC, N.J. Super. Ct. App. Div., Docket

Prior Knowledge Exclusion Unambiguous and Effective to Bar Coverage

By Courtney E. Scott, Esq. of Tressler LLP   Maxum Indemnity Company (Maxum) won summary judgment in a dispute with insured brokerage Mulberry Insurance Services (Mulberry), a

Public and Private E-mails Don't Mix

By Seth L. Laver, Esq., Jennifer M. Mannion, Esq. and Michael D. Brophy, Esq. of Goldberg Segalla    There are many advantages to employers in hiring independent contractors i

Primary Insurer Cannot Use Equitable Indemnification To Rewrite Unambiguous Terms Of Its Policy

By Jensen Varghese, Esq. and Joanna M. Roberto, Esq. of Goldberg Segalla LLP     The plaintiff, Arch Insurance Company (Arch), brought a declaratory judgment action against Illinois Union In

Protected Speech Does Not Include Extortion, California Appellate Court Rules

By Mitchell F. Boomer, Esq. of Jackson Lewis P. C.   An employee’s e-mail threatening to report his employer to the U.S. Attorney and file an action under the federal False Claims

Professional Liability Insurer Wins the Estoppel Battle But Loses the Coverage "War"

By Kathryn A. Formeller, Esq. of Tressler LLP   A professional liability insurer was not estopped from raising coverage defenses despite its delay in asserting its coverage position because the

Preventing Elder Abuse in the Nursing Home

By Marc Zimet, Esq. of Jampol Zimet LLP   Despite the fact that nursing homes and long-term care facilities strive to provide the best care to their patients and residents, such facilitie

Professional Services Exclusion Applies to Bar Coverage For Investment Management Firm

By Thomas Hanekamp, Esq. of Tressler LLP   Policyholders assert, sometimes successfully, that courts should parse the underlying

Practical Tips on Creating an Effective Unlawful Harassment Policy

 By Kevin C. Donovan, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP   It has been a long time since the 1991 Clarence Thomas Supreme Court confirmation hearings brought the issue

Poisoning a Coworker is Outside the Scope of Employment, California Court Rules

By Mitchell Boomer, Esq. of Jackson Lewis P.C. A California Court of Appeal has ruled that a medical staffing company was not vicariously liable for its medical assistant who poisoned a coworke

Prescribing High Potency Medication To a Known Drug Abuser: Is the Doctor Liable For Resulting Injuries?

 By Julia A. Klubenspies, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.   Key Points:

President Obama to Issue Executive Order Limiting Overtime Exemptions and Expanding the Number of Employees Eligible to Receive Overtime Pay

By Keith Gutstein, Esq. and Philip R. Voluck, Esq.   Using the sweeping power of an Executive Order, President Obama will seek this week to change the country’s rules addressing o

President Obama's ACA Extension – NAIC Response

By Sarah J. Delaney, Esq. and Fallyn B. Cavalieri, Esq. of Goldberg Segalla LLP   With the January 2014 effective date under the Affordable Care Act’s (ACA) essential benefits and guarantee

Partly Cloudy With a Chance of Rain – A Forecast for Problems in the Cloud

 By Joseph J. Lazzarotti, Esq, of Jackson Lewis LLP   If your cloud service provider sounds like your local weather reporter – partly cloudy with a chance of rain – you

Provision in a Financial Agreement that Contravenes the Intent of the Medical Malpractice Act by Limiting Damages is Void as Against Public Policy

By Chanel A. Mosley, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C. Franks v. Bowers, 116 So. 2d 1240 (Fla. 2013)   Joseph Franks sought medical care and treatment from Dr.

Prior Knowledge and Lien Waiver Exclusions Bar Coverage for Defective Title Indemnification Claims

By Thomas K. Hanekamp, Esq. and Kathryn A. Formeller, Esq. of Tressler LLP     An errors and omissions policy’s prior knowledge and lien waiver exclusions applied to preclude cov

Pew Research Center Says 72% of Adults Online (Your Employees) Use Social Networking Sites

By Joseph Lazzarotti, Esq. of Jackson Lewis LLP   According to the results of a study announced today by the Pew Research Center, there has been a significant increase since 2005

PPACA: A Thoughtful Approach

 By Bill Ford, CLU JD CPCU ARM AAI CIC   The PPACA hereinafter referred to affectionately as Obamacare, has created a sea change in how to deal with the whole problem, structure and cost of

Pension Benefits do not Presume Retirement, only an Inference to be Considered with Totality of Circumstances.

By Francis X. Wickersham, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.     The Supreme Court holds that a claimant's receipt of pension benefits is not a presumption of re

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