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New York Law Journal

Supreme Court Expands Insurers' Rights by Holding That Insurers Are 'Parties in Interest' in Bankruptcy Proceedings

"In the insurance space, no decision was more highly-anticipated than that issued in 'Truck Insurance Exchange v. Kaiser Gypsum Company,'" according to Howard B. Epstein and Theodore A. Keyes.
9 minute read

The Legal Intelligencer

Tractor Supply Co. Accused of Implementing Unlawful 'Tobacco Surcharges' in ERISA Class Action

The plaintiff maintains that she was a regular, full-time employee who worked as an outfitter support specialist, and was required to pay the tobacco surcharge to maintain health insurance coverage.
3 minute read

Law.com

Judge Sides With Dollar Tree, Liquid Breath Drops Manufacturer in Dispute Over 'Pollution Exclusion'

"When considered in the context of the entire policy here, Atain's broad interpretation of the Total Pollution Exclusion as it pertains to C.T.'s claims yields an absurd result," U.S. District Judge Catherine D. Perry of the Eastern District of Missouri said.
5 minute read

Law.com

Allstate Sues String of Pharmacies Over Alleged Insurance Fraud

"As part of the scheme to defraud alleged herein, the pharmacy defendants entered into illegal kickback arrangements with no-fault clinics in the New York metropolitan area and unlicensed laypersons who work at or are associated with the no-fault clinics pursuant to which the no-fault clinics prescribed expensive, pre-formulated topical pain creams, gels, lotions and ointments dispensed and billed at exorbitant prices by [the pharmacies]," the complaint said.
3 minute read

Daily Business Review

$50K Offer Spins Off Into $4.4M Verdict Against Travelers Insurance

"We're pleased the jurors used their power to right this wrong," the plaintiffs attorney said.
4 minute read

Law.com

'Data Breach' Insurance Policy Does Not Extend to Biometric Information Collection, Appellate Court Holds

The majority said the allegations in the lawsuit "do not even potentially fall within the policy's coverage" and said Lloyd's policy for Tony's would only cover data breaches involving unauthorized access to Tony's biometric data.
4 minute read

The Legal Intelligencer

Federal Judge Sides With Lyft Driver in Contractual Dispute Over $1M Uninsured Motorist Coverage

U.S. District Judge Gerald J. Pappert determined a terms of service agreement and the driver guidebook promise was a binding contract between Lyft and one of its drivers, Khalid Ahtasham.
5 minute read

The Legal Intelligencer

Federal Judge Sides With Insured in Dispute Over Nationwide's UIM 'Clarifications'

"In short, Mr. McGuire is right. The prior policy's exclusion didn't exclude UM/UIM coverage for an unlicensed driver. And the one product policy clearly does," wrote U.S. District Judge Nicholas Ranjan of the Western District of Pennsylvania.
6 minute read

Connecticut Law Tribune

Transgender Patients Sue Aetna Over Surgeries—But They Face a Hurdle

Even their lawyer acknowledges the plaintiffs have a difficult road ahead in litigation.
3 minute read

New Jersey Law Journal

NJ Justices Mull Insurer's Duty to Defend Employer's Negligence Claim in Workers' Comp Dispute

"I am confused as well by counsel's assertion that there is a long-standing abiding obligation for defense of Superior Court tort claims under part one workers' compensation because I read the language ... and maybe that is the problem," Katherine E. Tammaro, a partner with Wilson Elser, said. "Maybe they haven't read the language."
6 minute read

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