E&O PREVENTION

Non-Party Can Be Bound By Arbitration Provision in Agency Agreement

By W. Burke Coleman of Demotech, Inc.  An interesting case recently emerged from South Carolina addressing how an arbitration provision in an agency agreement between an insurance company and it

In The Age of Cyberattacks and Data Breaches-Does Practice Size Matter?

By Reema Sultan, Esq. of Rivkin Radler LLP Cybersecurity issues in the healthcare industry have proliferated recently, as was proven last year by major hacks related to Premera Blue Cross, Anthem,

Insurance Agent Who Provided Carrier’s Valuation and Two Competing Quotes Did Not Counsel the Insured and Create a Special Relationship

By Donald A. O'Brien, Esq. of Hinshaw & Culbertson LLP Cox v. Mayerstein-Burnell Co., Inc., Case No. 79A05-1402-CT-75; Court of Appeals of Indiana (Oct. 31, 2014). Plaintiff Cox's pub had in

Internet of Things Bill Introduced

By Jason C. Gavejian, Esq. of Jackson Lewis P.C. Recognizing the growing number of connected and interconnected devices, a bipartisan group of Senators recently introduced a bill which would con

Top 10 Financial Institution Considerations for 2016: #3 – Cybersecurity

By Bart W. Huffman, Esq., Joseph E. Silvia, Esq. & Charles M. Salmon, Esq. of Locke Lord LLP In our initial article announcing our top 10 considerations for financial institutions in 2016, whic

Duty to Defend Additional Insured in Action Brought by Named Insured’s Employee

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C. In Ramara, Inc. v. Westfield Ins. Co., 2016 U.S. App. LEXIS 2656 (3d Cir. Pa. Feb. 17, 2016) a Philadelphia parking garage owner, Ra

Professional Liability for Drone Operators

By Seth L. Laver, Esq., Michael P. Luongo, Esq. and Jonathan S. Ziss, Esq. of Goldberg Segalla Unmanned aircraft, more commonly known as drones, are becoming increasingly popular in the civilian ma

Have Your Cake and Eat It, Too? Handbook Contract Disclaimers & Mandatory Arbitration Policies

By Kevin C. Donovan, Esq. of Wilson Elser A New Jersey court recently used the so-called contract “disclaimer” language in an employer’s handbook to preclude the employer from en

Court Holds FBI’s Gender-Based Physical Training Standards Constitutional

By Alan Jampol of Jampol Zimet LLP On January 11th, the federal 4th Circuit Court of Appeal held in Bauer v. Lynch (4th Cir. 2016) __ F.3d __, 2016 WL 105359 that the FBI did not violate Title VII

Can’t Stack This: 8th Circuit Enforces Anti-Stacking Provisions to Prevent Recovery Under Two Policies for a Single Injury

By Stevi A. Siber-Sanderowitz, Esq. of Tressler LLP In Gohagan v. Cincinnati Ins. Co., No. 14-3454, 2016 WL 66944 (8th Cir. Jan. 6, 2016), the U.S. Court of Appeals for the 8th Circuit affirmed a M

Wrongfully Reviewed?  Risks of Performance Review Process

By Seth L. Laver, Esq, Jessica L. Wuebker, Esq. and Stacey Pitcher, Esq. of Goldberg Segalla Performance reviews are a necessary step in the path to ensuring a team of productive employees.  How

Liability of Insurers and Insurance Agents For Inaccurate Representations As To Policy Coverage – Part Two

By Alan Jampol, Esq. of Jampol Zimet LLP Representations As To Policy Coverage – Part Two  To Read Part One, CLICK HERE Part One of this two-part article discussed the potential lia

Overview of Insurance Agents Professional Liability in Ohio

By David J. Oberly, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C. Key Points: Insurance agent liability is on the increase. Insurance agents are now viewed as professionals and

A Common Standard for Evaluating Cyber Risk – Insurers Walk the Walk

By Molly McGinnis Stine, Esq, and John F. Kloecker, Esq. of Locke Lord LLP Insurers have struggled to find a common baseline to measure cyber risks. Changes in technology, hacking and other data se

Employers Have An Obligation To Provide Meaningful Direction To Employees In Email Searches, But Employers Can’t Be Compelled To Recover Company Emails Stored On Personal Accounts Of Employees

By Douglas G.A. Johnston, Esq. of Jackson Lewis P. C. A recent case from the Northern District of California raises the importance of actively engaging with employees to coordinate the search for d

Notice-Prejudice Requirements In D&O Policies:  Diverse Trends In Contract Language and Case Law

By Joseph Monteleone, Esq. of Rivkin Radler LLP One of the hallmarks of a claims-made and reported policy historically has been the two-pronged requirement that (1) the claim against the insured mu

New Jersey Supreme Court Holds That Late Notice Destroys Coverage Even without Prejudice

By Robert D. Chesler, Esq., Steven J. Pudell, Esq. and Janine M. Stanisz, Esq. of Anderson Kill P.C. In Templo Fuente De Vida Corp. v. National Union Fire Insurance Co., No. 074572, 2016 N.J. LEXIS

Joint Employer Standard Continues to Expand

By Philip R. Voluck, Esq., Keith J. Gutstein, Esq. & Jessica Tischler, Esq. of Kaufman Dolowich & Voluck, LLP  Overview In a step that will certainly increase the number of case

Manager’s ‘Inexcusable and Offensive’ Conduct Does Not Rise to Level of Unlawful Discrimination

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C. In Tourtellotte v. Eli Lilly & Co., 2016 U.S. App. LEXIS 521 (3d Cir. Pa. Jan. 13, 2016), Margaret Tourtellotte, Karla Krieger a

Cannabis-Related Contract Enforcement: A Solution Presents Itself?

By Adam J. Detsky, Esq. of Wilson Elser One of many concerns regarding the cannabis industry is the federal courts’ refusal to enforce cannabis-related partnership agreements, loan agreement

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