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Articles Posted in Personal Injury

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Changes Lie Ahead for Companies in the #METOO Era – A Good Insurance Program Should Be a Part of those Changes

America is facing a reckoning. Many brave individuals have stepped forward over the last several months to speak truth about sexual harassment and assault in workplaces, in entire industries, and even in Congress. For a very long time, companies dealt with sexual assault and harassment allegations quietly and in backrooms,…

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New York Court Reads Additional Insured Provision Broadly in Favor of Owner and Contractor

In a previous blog post, we addressed blanket additional insured endorsements, and the circumstances under which Company A could become an additional insured under Company B’s policy, even where Company B failed to add Company A to the policy. In that same vein, a New York trial court granted additional…

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Riddell, Inc. v. Superior Court: Insurers Flagged for Unsportsmanlike Conduct

California law has long held that an insurer may not use declaratory relief or other tactics to prejudice the defense of its policyholder in an underlying lawsuit. But in their zeal to avoid coverage, and despite California Supreme Court precedent, insurers sometimes employ tactics that actually increase their policyholder’s risk…

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Startups Beware: California Expands Workers’ Comp to Include Corporate Officers, Directors and Working Partners

The startup guys in the hit television series Silicon Valley might be surprised to learn that the California legislature has expanded the scope of mandatory Workers’ Comp coverage to include their corporate officers, directors and working partners. The new law, effective January 1, 2017, sweeps in a broad range of…

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The Time a Government Subcontractor Fell Off a Ladder … Right after Its Defense Base Act Insurance Lapsed

Imagine you are a prime contractor to a Department of the United States of America supplying logistical support for the war on terrorism in Afghanistan. As the prime, you are kicking on all cylinders, including purchasing comprehensive Employer’s Liability, Workers’ Compensation and Defense Base Act (DBA) insurance to cover your…