News & Analysis as of

Denial of Insurance Coverage Workers' Compensation Claim

Marshall Dennehey

Appellate Division Confirms That the Trial Judge Correctly Applied the Intentional-Wrong Exception to the Insurer’s Policy.

Marshall Dennehey on

Dionicio Rodriguez v. Shelbourne Spring, LLC, et al. and Sir Electric, LLC v. Hartford Underwriters Ins. Co., No. A-2079-22 (Dec. 22, 2023) - The Appellate Division affirmed the Law Division order granting Hartford...more

Troutman Pepper

Navigating Adapted Operations Advisory Series: Part Two - Insurance Coverages Concerns and PPP Loan Requirements

Troutman Pepper on

Who Needs to Know - Employers who are reopening (or have already reopened) by bringing employees back to their workplaces. Why It Matters - Bringing a workforce back to the workplace, whether from teleworking,...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Updates, Issue 4

The 2020 Regular Session of the West Virginia Legislature just reached the 30th day, or its half way point. As of today, the House has introduced 1289 bills, while the Senate introduced 725. We will continue reporting on...more

Carlton Fields

Look No Further Than the Insuring Clause: Ill-Gotten Gains Do Not Constitute Covered “Loss”

Carlton Fields on

On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more

Steptoe & Johnson PLLC

Employee Permitted Recovery Under Employer’s Motor Vehicle Insurance Policy

Steptoe & Johnson PLLC on

The Fourth Circuit Court of Appeals in United Financial Casualty Company v. Ball vacated a judgment of the District Court for the Southern District of West Virginia. The Court held that the district court had improperly found...more

Dentons

Bad Faith Claims Are Barred Against Third-Party Administrators

Dentons on

In De Dios v. Indemnity Insurance Company of North America, the Iowa Supreme Court set out to answer a certified question of law: Can third-party administrators be liable for bad faith failure to pay workers’ compensation...more

Dentons

Bad Faith When Penalty Benefits Denied

Dentons on

The Iowa Court of Appeals recently decided a case finding that if penalty benefits were not awarded as part of a workers’ compensation action because the employer/insurance carrier’s denial of benefits was reasonable, then...more

Jaburg Wilk

Arizona District Court Dismisses Bad Faith and Aiding & Abetting Claims Against TPA and Adjuster

Jaburg Wilk on

The Holding - In Centeno v. American Liberty Ins. Co., 2019 WL 568926 (D. Ariz. Feb. 12, 2019) (Order), an insurance bad faith case arising from a workers’ compensation claim, the Arizona District Court granted a motion to...more

Payne & Fears

Key California Employment Law Cases: October 2017

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This month’s key California employment law cases involve disability discrimination claims and procedural issues related to workers’ compensation proceedings....more

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