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Connecticut Law Tribune

Federal Judge Grants Reconsideration of ERISA Preemption Decision in Dispute Over COVID Testing

A federal judge in Connecticut allowed a group of medical providers to avoid ERISA preemption and move forward with certain previously dismissed claims based on a state unfair insurance practices act, even though the providers failed in their complaint and briefing to distinguish the act as not being subject to ERISA law.
4 minute read

New York Law Journal

NY's Highest Court Upholds Financial Services Rule Prioritizing Consumer Needs

Judge Madeline Singas wrote that the DFS hadn't crossed the line into impermissible legislative policymaking, nor was the amendment unconstitutionally vague.
4 minute read

Law.com

7th Circ.: Insurer Has No Duty to Defend or Indemnify Fireworks Distributor for Volunteers' July 4 Injuries

Under Spielbauer's general and excess liability insurance policies, the "shooters endorsement" says: "This policy shall NOT provide coverage of any kind (including but not limited to judgment costs, defense, costs of defense, etc.) for any claims arising out of injuries or death to shooters or their assistants hired to perform fireworks displays or any other person assisting or aiding in the display of fireworks whether or not any of the foregoing are employed by the Named Insured, any shooter or any assistant."
6 minute read

Pro Mid Market

Tressler, an Early Adopter of Tech, Sees Geographic Growth With Southern California Insurance Coverage Team

"Our law firm has been in growth mode in the last two years," says Tressler executive committee member Mark Banovetz. "We invested heavily in moving to a cloud-based environment, which makes it easier for us to share resources among our different offices and expand geographically. That spurred our interest in growing to serve our clients in more locations."
5 minute read

The Legal Intelligencer

Pa. Supreme Court to Weigh Precedent-Setting Case on Liability Coverage

The high court's Tuesday order granting the defendant's petition for appeal in Kramer v. Nationwide Property and Casualty Insurance addresses a rationale that, according to the plaintiffs' lawyer Kevin Cornish, the Superior Court had raised on its own accord.
3 minute read

The Legal Intelligencer

Judge Deals Blow to Plaintiffs as Losses Mount in COVID-19 Business Interruption Insurance MDL

The decision fits into a larger pattern of wins for insurance companies in COVID-19 business interruption litigation as federal courts continue to reject claims that the virus caused policyholders "direct physical loss or damage" to their properties.
3 minute read

New Jersey Law Journal

Insurance Policy Covering Trade Dress Infringement Doesn't Extend to Trademark Claim, Circuit Panel Says

"For State Farm to have a duty to defend the Avaya lawsuit against DBSI and its officer, Avaya's operative complaint must potentially state a claim for trade dress infringement. But it does not." Judge Peter Phipps of the Third Circuit wrote.
4 minute read

Daily Business Review

Florida Uber Eats Driver Shot in Subway's Parking Lot Reaches $3M Settlement

In settlement discussions, the victim's attorney argued that the property had a reputation for limited and ineffective security measures that the franchise owner failed to properly remedy.
4 minute read

New York Law Journal

The Domino Effect of Runaway Jury Verdicts in Plaintiff-Friendly Venues

The impact of runaway jury verdicts for defendants—and the insurance industry, in particular—has been palpable.
7 minute read

The Legal Intelligencer

Court: Longshore and Harbor Workers' Compensation Act Structured Payments Cannot be Factored

The latest opinion and order, albeit a state court decision, should assist annuity owners and issuers when enforcing the premise that LHWCA are simply not to be factored—in Michigan and throughout the United States.
7 minute read

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