FDA Continues to Fight the First Amendment But Facteau Deals Another Blow
8/18/16
By: Kristian Smith
Last month, a federal jury in Massachusetts acquitted two executives of medical device company Acclarent, Inc. of 14 felony counts of fraud related to off-label promotion of Acclarent’s “Stratus” device. United States v. Facteau, et al. stemmed …
Mixed Ruling for Penn State Insurer as New Allegations Surface in Jerry Sandusky Coverage Case
7/13/16
By: Bill Buechner
Approximately 4 years ago, former Penn State defensive coordinator Jerry Sandusky was convicted on 45 counts of child sexual abuse arising out of the molestation of 10 boys over a period of 15 years. Sandusky was sentenced …
“Occurrence” v. “Offense:" Understanding the Trigger of Coverage Under the Standard CGL Policy
6/28/16
By: Mandy Proctor
It is commonly understood in the insurance industry that the standard CGL policy provides coverage for bodily injury and property damage, which is caused by an “occurrence” resulting in loss during the policy period, as well as …
There is Too Much Foam in My Latte
6/23/16
By: Seth Kirby
This week a federal judge in California has ruled that a class-action lawsuit against Starbucks can proceed. The lawsuit alleges that the company has systematical cheated its customers by under filling its latte based beverages. The plaintiffs …
5/24/16
By: Phil Savrin
An insurance company’s duty to defend is broader than a duty to indemnify in at least three ways. First, a duty to defend is often based on the allegations of facts, even if the allegations are groundless, …
Accident at Wrigley Field and What that Means in the Insurance World
4/4/16
By: Jessica Samford
As “March Madness” comes to an end, many are gearing up for “America’s [original] Pastime”—baseball. The baseball stadiums themselves need to be ready for the new season and fans, and the iconic Wrigley Field has been undergoing …
One Small Step for Machine, a (Potentially) Giant Leap for Insurance
3/15/16
By: Seth Kirby
In 1969 the United States successfully landed a manned spacecraft on the moon. Upon stepping on the lunar surface, Neil Armstrong commented on the momentous occasion by proclaiming that it represented a “giant leap for mankind.” It …
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
Issuing a Reservation of Rights? You May Lose Control Over Settlement
2/5/16
By: Jonathan Romvary
By reserving the right to deny coverage, insurers may be relinquishing the power to force the policyholder to forego reasonable settlement opportunities for covered claims that do not align with the goals of the insurer. In Babcock …
Insurance Application Omissions Not Enough to Rescind Policy
1/19/16
By: Kristian Smith
Insurers may need to pay closer attention to insurance applications. A Pennsylvania jury recently ruled that an insurer knew (or should have known) about omissions on an insurance application, preventing the insurer from rescinding the policy.
In …
The Tripartite Relationship: Minefield or Common Sense?
1/11/16
By: Jeremy W. Rogers
The tripartite relationship between the attorney, insurance carrier, and the insured, has been the subject of innumerable law review articles, blogs, seminar presentations, and other publications. The vast majority of these publications stress that the tripartite …
Court of Appeals Clarifies Georgia Law Regarding Insurance Policy Notice Provisions
1/6/16
By: Connor Bateman
The Georgia Court of Appeals recently ruled in Plantation Pipe Line Co. v. Stonewall Ins. Co. that an insured’s two-year delay in notifying its excess liability insurer of potential third-party claims, although untimely as a matter of …
