By Lisa Willis | February 8, 2023
"It's nice to get some law, more clarity on that particular issue," appellate counsel Sara Sandler Cromer said.
By Allison Dunn | February 8, 2023
"In the court's view, the allegations here are broad enough to reasonably sketch a claim that Partington had a mistaken but reasonable belief that it was authorized to cut the trees," the court said. "Such a claim would be for property damage arising out of an occurrence, meaning it would be a 'loss [that] fits the expectation of protective insurance reasonably generated by the terms of the policy,' thus triggering Nautilus's duty to defend."
By Marianna Wharry | February 7, 2023
"Relative to the first alleged breach, and as explained in more detail in the factual background, Shaw's and Nagel's communications with Nixer Comp were efforts to promote and pitch the PayGo software as the best solution to meet Nixer Comp's needs. They did not divulge, let alone transfer, confidential or proprietary information of the PayGo software or of PayGo, LLC during the April 2020 meeting or in other communications with Nixer Comp or MIS," Cabell wrote.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | February 7, 2023
In some cases, a dispute over the duty to defend may be justiciable but a dispute over the duty to indemnify involving the same facts may not be. This article discusses the recent case 'Admiral Insurance Co. v. Niagara Transformer Corporation,' which addressed this issue and clarified the applicable standards to use.
New York Law Journal | Analysis
By Riane F. Lafferty | February 3, 2023
This column explores a pending case, 'American Precision Industries v. Federal Insurance Co.', that may set significant precedent in New York concerning insurance defense and indemnification.
By ALM Staff | February 3, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
By ALM Staff | February 2, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
By ALM Staff | February 1, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
By ALM Staff | January 31, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
By Allison Dunn | January 30, 2023
"I think the case provides a good summary of the distinction between the duty of a fiduciary under an ERISA plan to provide information generally to employees and that's limited but once an employee seeks the assistance of the HR department and the HR department tells them that they're going to assist them and preserving the benefit, then the level of information that they need to provide becomes greater," said the plaintiff's attorney, Joseph P. Musacchio, of counsel for Kreindler & Kreindler in Boston.
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