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Exclusion Requested by First Named Insured and Contained in the Prior Policy Is Binding on All Named Insureds, Even Those Unaware of the Exclusion
By Carl J. Pernicone, Esq. and Robert E. Rider Jr., Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP
In Berkhouse v. Great American Assurance Co., Case no. 13-0264, November 22, 2013, the West Virginia Supreme Court of Appeals rejected the argument by an injured party in a third-party declaratory judgment suit that an umbrella policy's liquor liability exclusion unknown to a named insured was inapplicable, because to be enforceable in West Virginia, exclusions must be conspicuous, clear and brought to the attention of an insured.
Circuit Court to Weigh in on When Interns are Considered Employees
By Marc Zimet, Esq. of Jampol Zimet LLC
The U.S. Court of Appeals for the Second Circuit has granted two petitions to appeal trial court decisions in employment cases concerning whether interns qualify as employees and therefore are entitled to minimum wage and overtime protections. The two cases in question involve similar facts, however, the trial courts arrived at exact opposite conclusions.
Can a Plaintiff Safely Walk and Chew Gum at the Same Time in Pennsylvania?
By Matthew J. Noble, Esq. and David Salazar, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.
Key Points:
- When evaluating "trivial defects" in a trip-and-fall case, a court will look at more than just the depth of the defect to determine if it is so obviously trivial.
- When a defect is not so obviously trivial, the question of negligence must be submitted to a jury.
Dealing with Personal Information at the Water's Edge...
By Joseph J. Lazzarotti, Esq. of Jackson Lewis P.C.
Privacy and data security issues and concerns do not stop at the water's edge. Companies needing to share personal information, even when the sharing will take place inside the same "company," frequently run into challenges when that sharing takes place across national borders. In some ways, the obstacles created by the matrix of federal and state data privacy and security laws in the U.S. are dwarfed by the matrix that exists internationally. Most countries regulate to some degree the handling of data, from
Insurer Cannot Rescind Legal Malpractice Insurance Policy Obtained With Misrepresentations in a Renewal Application
By Shelly Hall, Esq. of Tressler LLP
Common-law innocent insured doctrine preserves coverage for an attorney who did not make or know of misrepresentations in the renewal application. Illinois State Bar Association Mutual Insurance Co. v. Law Office of Tuzzolino and Terpinas, et al., 2013 Ill. App., 1st Dist. 122660, 2013 Ill. App. LEXIS 816.
Three Words to Remember in the New Year: Plan, Do, Repeat
By Mark Hunter The "Sales Hunter"
I say it's 3 words to remember, but really it's 3 actions you need to do each day.
Plan, Do, Repeat
If you ask me which word or action is the most important, I would most likely say none of them is most important. Rather, they're all incredibly important for the simple reason they all build off each other.
If I don't plan, how will I know what to do? If I fail to repeat what I do, how will I be able to sustain success?
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