As most insurance industry folks know, an application is a necessary document to secure a proposal or to bind coverage. If accurately completed and signed by the applicant, an application possesses tremendous power and in the event of some type of E&O litigation, this document could play a very significant role in the outcome of that litigation. Sp, whether you are a producer or CSR, if you are serious about reducing your E&O exposure, proper handling of applications is a great place to start.

New Employment Laws for 2014

By Marc Zimet, Esq. of Jampol Zimet LLC

The new year will bring with it some important changes for employers, as Governor Brown signed into effect multiple bills affecting employment laws. Employers should be sure to stay abreast of these changes to ensure compliance with the new laws and avoid any liability.

New Jersey Moves to Eradicate Pregnancy Discrimination

By Philip R. Voluck, Esq. and Anna Maria Tejada, Esq. of Kaufman Dolowich & Voluck

On January 21, 2014, Bill S-2995/A-4486 was signed into law by Governor Chris Christie granting women "affected" by pregnancy protected status under the New Jersey Law Against Discrimination. Pregnancy discrimination has long been recognized by state courts under the theories of sex and/or gender discrimination. However, this law, effective immediately, extends a specific protection to pregnant employees who are "affected" by pregnancy, thus allowing a claim for a separately actionable pregnancy discrimination claim. The term "pregnancy" includes pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, including recovery from childbirth.

A-Rod: A Tough Road to Hoe in Contesting Arbitrator's Suspension

By Steven S. Goodman, Esq. Gregg E. Clifton, Esq. and Philip B. Rosen, Esq. of Jackson Lewis P. C.

For more than half a century, federal courts have done their utmost to encourage arbitration to resolve disputes. The preference is particularly strong in labor-management contracts, such as the one between Major League Baseball ("MLB") and the players' union that resulted in the recent Alex Rodriguez award suspending the famous third baseman from major league baseball for the entire 2014 season. This preference will now be tested in Rodriguez's lawsuit to overturn the arbitration decision under Section 301 of the Labor Management Relations Act ("LMRA"). 

Settlement Agreement Between the Insurers and Its Insureds Was Ambiguous

By Elizabeth L. Musser, Esq. of Tressler LLP

The Delaware Supreme Court concluded that a settlement agreement was reasonably susceptible to the insured's interpretation rather than the carriers' interpretation, so extrinsic evidence was needed to determine the parties' intent, and the case could not be dismissed at the pleadings stage. Nicholas v. Nat'l Union Fire Ins. Co., 2013 Del. LEXIS 632, No. 209, 2013 (Del. Dec. 20, 2013).