Legal Blogs and Updates

Posts from April 2015.

According to a statement this past Thursday, WikiLeaks published more than 200,000 internal Sony Pictures Entertainment documents and e-mails in connection with the data breach incident involving Sony Corp.’s Hollywood studio late last year.  The release included 30,287 documents and ...

The following are the 2015 Medicare and Medicaid numbers as released by CMS:


The following are the 2015 Medicare and Medicaid numbers as released by CMS:


Income Cap


Maximum Community Spouse Resource Allowance (CSRA)


Minimum CSRA


Maximum Minimum ...
NEW YORK                                                            
Professional Liability - Conduct Exclusion
SEC Administrative Order Does Not Establish Insured's Guilt Under Dishonest Acts Exclusion   J.P. Morgan Sec. Inc. v Vigilant Ins. Co., 2014 N.Y. Misc. LEXIS 796 (N.Y. Sup. Ct. Feb. 28, 2014)   The court finds that an SEC Administrative Order ...

Late Notice - Statutory Waiver
Policyholder's § 3420(d) Waiver Rebuttal to Insurer's Late Notice Defense is Limited to Bodily Injury Claims Arising in New York State; Inapplicable in Environmental Property Damage Dispute
KeySpan Gas E. Corp. v. Munich Reins. Am., Inc., 2014 N.Y ...
Property Coverage - Consumer Fraud Act
No Consumer Fraud Act Claim against Insurer for Failure to Pay Insurance Proceeds    Baskay v. Franklin Mut. Ins. Co., 2014 N.J. Super. Unpub. LEXIS 910 (App. Div. Apr. 23, 2014)   In this consolidated appeal, the New Jersey Appellate Division ...
NEW JERSEY                                                                                             

Priority of Coverage - Automobile Policies
Commercial Auto Insurer Does Not Owe Primary Coverage as Insured did not "Hire" Owner of Vehicle Involved in Accident   Nat'l Interstate Ins. Co. v. Champion Truck Lines, Inc., 2013 U.S. Dist. LEXIS 39795 (D.N.J. Mar. 21, 2013)   In this ...
Allocation - Late Notice 
New York Federal Court Affirms Insurer's Proration of Defense Cost Payments; Enforces Notice Requirements in Claims-Made-and-Reported Policy   Travelers Indem. Co. v. Northrop Grumman Corp., 2013 U.S. Dist. LEXIS 161552 (S.D.N.Y. Oct. 31, 2013)   ...
Pollution Liability - Policy Sublimit
Court Upholds "Dedicated UST Sublimit Endorsement" to Cap Insurer's Exposure Under Pollution Liability Policy   Two Farms, Inc. v. Greenwich Ins. Co., 2014 U.S. Dist. LEXIS 1629 (S.D.N.Y. Jan. 6, 2014)   The United States District Court for the ...
Late Notice - Untimely Disclaimer
Under Pre-2008 Policy, Insured's Year-Long Delayed Notice Constituted Late Notice, and Insurer's Year-Long Delay in Disclaiming (Following Prompt Reservation of Rights) Found Timely Under N.Y. Ins. Law § 3420.   U.S. Underwriters Ins ...
Duty to Defend - Policy Exclusions
New York's Highest Court Rules Liability Insurer that Breaches Duty to Defend May Not Later Rely on Policy Exclusions to Avoid Duty to Indemnify

K2 Inv. Group, LLC v American Guar. & Liab. Ins. Co., 2013 N.Y. LEXIS 1461 (N.Y. 2013)

The New York ...
NEW YORK             
Duty to Defend
New York's Highest Court Vacates Controversial 2013 Ruling and Rejects Minority "Coverage by Estoppel" Rule   K2 Inv. Group, LLC v American Guar. & Liab. Ins. Co., 2014 N.Y. LEXIS 201 (N.Y. Feb. 18, 2014)   The New York Court of Appeals issued a rare reversal of its own prior ...
NEW YORK                                                                      

Occurrence - Number of Occurrences/Allocation
Priest's Multiple Acts of Sexual Molestation Constitute Multiple Occurrences; Settlement of Resulting Liabilities Subject to Pro Rata Allocation
Roman Catholic Diocese of Brooklyn v National Union Fire Ins. Co. of Pittsburgh ...
Duty to Defend - Additional Insured - Extrinsic Evidence
Insurer Owes Additional Insured a Duty to Defend and is Required to Reimburse Additional Insured for Fees Incurred in Defending the Underlying Action after Deposition Testimony Reveals Facts that Trigger Coverage.
UPS v ...
NEW JERSEY                                  
Exhaustion - Allocation/Insolvency
New Jersey Supreme Court Rules Policies Issued by Insolvent Insurers Subject to 2004 PLIGA Amendment Are Only Implicated After Solvent Policies Exhaust
Farmers Mut. Fire Ins. Co. v. N.J. Property-Liability Ins. Guar. Ass'n As Adm'r of Claims ...
Wrongful Acts - - Employment Practices
Wrongful Touching Claims Triggered D&O Employment Practices Coverage Grant; Insurer Waived Right to Disclaim Under Ins. Law Section 3420 
Jewish Cmty. Ctr. of Staten Island v. Trumbull Ins. Co., 2013 U.S. Dist. LEXIS 102063 (E.D.N.Y. July 16 ...

On January 27, 2014, the Internal Revenue Service issued Rev. Proc. 2014-18 which provides a simplified method for certain taxpayers to obtain relief for an extension of time under Section 301.9100-3 of the Procedure and Administration Regulations to make a “portability” election ...

The Federal Communications Commission (FCC) reached a $25 million settlement with AT&T for failing to protect the privacy, personal information and social security numbers of its customers.  According to the FCC’s complaint, AT&T employees actively stole this information from an ...

On March 25, 2015, the U.S. Supreme Court issued a decision in Young v.

On March 25, 2015, the U.S. Supreme Court issued a decision in Young v. UPS, which employer and employee groups alike hoped would clarify whether employers must provide light duty and other workplace accommodations to ...


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