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'That's Just Asking for Trouble, Isn't It?': Mass. Justices Mull Unemployment Benefits for Employee Fired Over Refusing COVID Vaccine

At oral arguments Wednesday regarding whether a home health aide who was fired for violating her employer's COVID-19 vaccination policy is owed unemployment benefits, several Massachusetts Supreme Judicial Court justices appeared wary of denying benefits to employees who express sincerely held religious beliefs.
5 minute read

Texas Lawyer

Does New Insurance Law Cut Out Attorney Fees? High Court to Decide

In examining the 2017 Texas Prompt Payment and Claims Act, the Fifth Circuit decided it could not interpret the law and asked the Supreme Court to weigh in on the issue.
5 minute read

Law.com

Lawsuit Against the 'Jeff Bezos of China' and Others Seeks to Limit Company's Liability for Damaged 737

This complaint was first surfaced by Law.com Radar.
3 minute read

New York Law Journal

Attention New York Divorce Lawyers: Learn Insurance Law

A discussion of the recent decision 'B.D. v. E.D' which raises "existential questions" but offers one certain piece of advice: When drafting settlement agreements in a matrimonial case, be sure to be very specific as to what is covered in terms of the payor's obligation regarding health insurance.
8 minute read

New York Law Journal

Litigation Department of the Year, Insurance: Simpson Thacher & Bartlett

"A hallmark of our litigation department is our ability to blend our collaborative nature and collective expertise to the benefit of clients."
4 minute read

Connecticut Law Tribune

Updated: Cigna to Pay $172 Million to Settle False Claims Act Allegations

"Medicare Advantage plans that submit false information to increase payments from CMS show blatant disregard for the integrity of these vital federal health care funds," Christian J. Schrank, deputy inspector general for investigations with the Office of Inspector General for the Department of Health and Human Services, said. "Such actions are an affront to the Medicare program and the millions of patients who rely on its services. Working with our law enforcement partners, our agency will continue to prioritize investigating alleged fraud that targets the Medicare Advantage program."
3 minute read

New York Law Journal

Bumping the Bump-Up Exclusion: A Policyholder's Guide to Resisting Improper Coverage Denials

In the authors' experience, insurance companies interpret the bump-up exclusion far too broadly and beyond the insurance industry's purported intent behind the exclusion. D&O policyholders should be prepared to resist such coverage denials.
12 minute read

New York Law Journal

Emerging Landscape for Fossil Fuel Producers Seeking Coverage for Climate Change Liability Lawsuits

Hawaii, recently devastated by the Lahaina Fire, looks to be the first state to have its Supreme Court weigh in on the applicability of pollution exclusions to climate change lawsuits. This article examines what is at stake for policyholders and the road to recovery in this rapidly evolving area of insurance coverage law.
8 minute read

New York Law Journal

Maritime Coverage Case About To Make Waves at Supreme Court

How should a federal court decide whether to enforce a choice-of-law provision? That's the question at the heart of 'Great Lakes Ins. v. Raiders Retreat Realty', a maritime coverage dispute that will be argued before the Supreme Court. However the court rules, the decision could have wide-ranging implications for insurance disputes—even those on land.
8 minute read

New York Law Journal

Eastern District Holds That Exclusion Bars Defense Obligation

Recently, the Eastern District of New York granted summary judgment to an insurer, holding that the insurer had no duty to defend based on the terms of an exclusion in the policy. This decision highlights how, where the facts plainly fall within a clearly-drafted exclusion, courts will not hesitate to enforce the exclusion as written.
6 minute read

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