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3 Dec 2008, 7:01 pm
Co., No. 070141 In a class action claim for statutory penalties under section 5106(a) of New York insurance law against defendant-Allstate Insurance Company, grant of motion to dismiss is affirmed where: 1) section 901(b) of the New York Civil Practice Law and Rules may be applied in a federal court sitting in diversity jurisdiction and adjudicating claims under state law; and 2) section 5016(a) did not fall within the exception clause of section 901(b). [read post]
2 Dec 2008, 8:34 am
Labor Code section 233(b)(4)(c) An employer policy that counts sick leave taken to care for a child, parent or spouse as an absence from work that could lead to discipline or discharge is a per se violation of Cal. [read post]
1 Dec 2008, 7:35 am
Insurance Law § 5105 (b) "provides that mandatory arbitration is the sole remedy regarding disputes between insurers over responsibility for payment of first-party benefits" (State Farm Mut. [read post]
24 Nov 2008, 5:25 am
The Court has been issuing its own "abortion compromise," declaring abortion legal but allowing increasing restrictions -- which seems oddly misguided: (a) abortion is legal until quite late in the second trimester of pregnancy, yet (b) abortion can be restricted quite early in pregnancy, and (c) early-pregnancy restrictions (waiting periods, notification/consent requirements, etc.) tend to make early abortions occur a bit later (e.g., turning week 8-9 abortions into week… [read post]
21 Nov 2008, 10:06 pm
A rich 5 of the 8 posted opinions get a look as relevant to P&C insurers.Duty to Defend -- Directors' and Officers' Policies (October 16, 2008)Question Presented:May a directors' and officers' (D&O) liability policy include a provision that places the duty to defend upon the insured rather than the insurer? [read post]
21 Nov 2008, 8:04 pm
Each subpoena commanded production of the documents pursuant to "Indiana Trial Rule 45(B)" and purported to be issued "pursuant to the provisions of Trial Rule 34(C) and 45(A)(2) of the Indiana Rules of Procedure. [read post]
21 Nov 2008, 1:37 pm
As already noted, CPP does not include the “auction purchase” criteria contained in the EESA § §111(c) and 302(a) and (b). [read post]
19 Nov 2008, 8:16 pm
In re Mid-Atlantic Handling Sys., LL C, 304 B.R. at 130 (citing In re Ice Cream Liquidation, Inc., 281 B .R. 154, 165 (Bankr.D.Conn.2002)). [read post]
19 Nov 2008, 2:25 pm
29 CFR § 825.110(c)(2). [read post]
13 Nov 2008, 12:03 pm
Reporting requirements of service, salary and deduction information to New York State Employees' Retirement System2 NYCRR Sections 315.2 and 315.3, as amended effective November 11, 2008Rules have been adopted by the State Comptroller to provide guidance to participating employees concerning whether an individual is an employee or independent contractor for the purposes of membership in the New York State Employee's Retirement System.The rules provide that the following elements support… [read post]
10 Nov 2008, 8:06 am
The Court found that the three classic ingredients of a wagering agreement are : (a) 2 persons holding opposite views touching a future uncertain event; (b) Each party must stand do either win or lose on the happening of this event and (c) The interest of the parties is not in the occurrence of the event, but in its stake. [read post]
10 Nov 2008, 1:27 am
Custom Cos., No. 02-C-3768 (N.D. [read post]
6 Nov 2008, 1:16 pm
The New York State Insurance Department recently issued "Equity index annuity contract or life insurance policy paid dividend disclosure under Section 3209(b)(2)(C). [read post]
4 Nov 2008, 7:40 am
Prior to Glenn, Courts have restricted discovery and judicial review on the grounds that extensive proceedings were inconsistent with ERISA's goals to: (a) avoid complex review proceedings; (b) avoid deterring employers from setting up benefit plans; and (c) allowing employers to administer their own plans. [read post]
4 Nov 2008, 12:10 am
The insureds’ position of vulnerability imposes on the insurer the duties: a) of good faith and fair dealing; b) to give at least as much consideration to t [read post]
3 Nov 2008, 7:03 pm
Kuehne, No. 06-3668 A conviction for drug- and firearm-related offenses is affirmed over claims of error regarding: 1) allegedly improper venue; 2) the definition of "use" under 18 U.S.C. section 924(c)(1); 3) jury instruction regarding proof necessary for conviction under section 924(c); 4) constructive amendment or variance of the indictment; 5) prosecutorial misconduct; 6) a motion for acquittal; 7) alleged inaccuracies in the transcript of proceedings; 8) propriety of… [read post]
3 Nov 2008, 5:35 pm
Part C is the Medicare Advantage Plans under which Medicare pays a private insurance company to administer your Medicare benefits. [read post]
3 Nov 2008, 11:02 am
Wesley C. [read post]
3 Nov 2008, 8:00 am
NRCP 16.1(a)(1)( C) helps Parties defending claims evaluate their position by providing what damages are being sought from the beginning. [read post]
2 Nov 2008, 10:57 am
Limited to commercial lines insurance policies; or C. [read post]
