Make Sure You & Your Clients Are On The Same Page

By Angelo J. Gioia

A constant challenge every insurance agent faces is when one of their clients has a loss and finds out they have no coverage and potentially that they may have been responsible? Every day agents and their staff are engaged in conversations and discussions with their clients regarding their current policies, potential changes to those policies and a multiple of what ifs?  

NYC Enacts Law Banning Credit Screenings for Most Job Applicants

By Bennett Pine, Esq. of Anderson Kill P.C.    

On May 6, 2015, New York City Mayor Bill de Blasio signed into law the Stop Credit Discrimination in Employment Act that would prevent employers from using credit checks, bankruptcies and liens to disqualify most applicants from employment. The bill was passed by the New York City Council by a vote of 473 in April. The law amends the city's Human Rights Law to add protections prohibiting discrimination on the basis of an individual's credit history by limiting most employer inquiries into, or basing employment decisions upon, the credit history of a current or prospective employee.

Innocent Insured Cannot Avoid Rescission of Malpractice Policy Based on Partner's Misrepresentation on Policy Renewal Form

By Lindsey Dean, Esq. of Tressler LLP

Because a law firm partner made a material misrepresentation on a malpractice insurance policy renewal form for the law firm, the "innocent insured doctrine" did not protect the law firm's other partner from rescission of the malpractice policy. Ill. State Bar Ass'n Mut. Ins. Co. v. Law Offices of Tuzzolino & Terpinas, 2015 IL 117096.

No Employer Liability For Failure to Prevent Where Underlying Claim Not Established

By Alan R. Jampol, Esq. of Jampol Zimet LLP

There can be no employer liability for failing to take reasonable steps necessary to prevent sexual harassment or sex discrimination where the employer is not found liable for sexual harassment or sex discrimination. This is the recent ruling of the California Court of Appeal in Dickson v. Burke Williams, Inc. (2015) 234 Cal.App.4th 1307.

When the Smoke Clears, Can Marijuana Be Considered Reasonable and Necessary Medical Treatment? Lessons from New Mexico 

By Jammie N. Jackson, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C 

Key Points: * Medical marijuana may be deemed reasonable and necessary medical treatment. * Find out if a doctor is licensed to prescribe medical marijuana before authorizing treatment.

By Joseph J. Lazzarotti, Esq. of Jackson Lewis P.C.

Over the past few years, states around the country have enacted laws limiting an employer's ability to access the personal social media accounts of applicants and employees. Earlier this year, Montana's Governor Steve Bullock signed HB 342 into law. Before that, Virginia enacted a similar measure. On May 19, Connecticut's Governor added the Nutmeg state to the list, signing S.B. 426 into law, becoming effective October 1, 2015. Taking the protection of employee social media accounts a step further, a measure in Oregon, S.B. 185 A, would amend its existing law to prohibit employers from requiring employees or applicants (i) to establish or maintain personal social media accounts or (ii) to authorize the employer to advertise on their personal social media accounts. That bill, unanimously passed by the State's legislature, awaits consideration by the Governor.

Connecticut Supreme Court Affirms No Coverage for Lost Tapes Absent Publication of Data

By Joseph F. Bermudez, Esq. and Suzanne M. Meintzer, Esq. of Wilson Elser et al