It is an increasingly common scenario of which we have written before. A cyber bad guy hacks into a company’s system, hijacks an executive’s e-mail account, and sends wire transfer requests that appear legitimate. The unsuspecting recipient fulfills the request and the money disappears—often for good. [...]
In a 161-page decision, the Appellate Court of Connecticut ruled Monday as a matter of first impression that state law permits an “unavailability of insurance” rule. Under the rule, defense and indemnity costs are not prorated to the policyholder for periods in which insurance coverage for a certain risk was [...]
Nationwide, lawsuits continue to be filed against plan sponsors and benefits committees acting as fiduciaries of employer-sponsored retirement plans. Often plead as class actions, a common claim is that these committees breach fiduciary duties by not prudently selecting and monitoring the service providers they hire to provide administrative and investment [...]
In Estate of Oddsen v. Henry, the Wisconsin Court of Appeals considered insurance coverage in the context of tragic circumstances. One night in February of 2010, Jason Oddsen, who was a regular abuser of illegal drugs, consumed a mixture of heroin, methodone, oxycodone and alprazolam while watching a basketball game [...]
What is the difference between providing coverage for damages for bodily injury and damages because of bodily injury? This distinction in policy language made all the difference to the Court of Appeals for the Seventh Circuit in Cincinnati Ins. Co. v. H.D. Smith, LLC. [...]
A recent Seventh Circuit decision leaves ERISA plans paying claims without a remedy to enforce coordination of benefits clauses against other payers. In doing so, the court noted that its ruling could potentially lead to denial of otherwise covered claims, leaving plan participants “considerably worse off.” [...]
It’s a fairly familiar scenario: A company sells its distribution business through an agreement that includes both non-compete and purchase requirements provisions. The relationship goes south after the deal, with the seller alleging that the buyer has breached the agreement by failing to order sufficient product under the purchase requirements [...]
A cyber-criminal hacks into your company’s network, takes control of the CEO’s email account, and sends instructions to the CFO to transfer monies to a given bank account. The CFO, believing he is acting on orders from the CEO, does it. Only the next day does he learn that the [...]
In reversing a lower court’s decision favoring policyholders, the Wisconsin Court of Appeals held that stacking of underinsured-motor-vehicle (UIM) coverage was not permitted by an auto policy after an endorsement allowing stacking was superseded during the policy renewal process. [...]
In Blomdahl v. Peters, the Court of Appeals reaffirmed Wisconsin’s broad interpretation of “arising out of” when it held that a business pursuits exclusion precluded homeowners liability coverage for a defamation action based on statements made by the insured against a former business associate. 2016 WI App 26 (unpublished). [...]
Wisconsin law has long followed the “broad evidence rule” in property damage cases, allowing juries to consider virtually any type of probative evidence when determining the value of a loss. Wisconsin courts have not, however, addressed whether an insurer may include depreciation of labor costs when determining the “actual cash [...]
Stating that Wisconsin law does not “require an insurer to speculate beyond the written words of the complaint in order to imagine a claim that a plaintiff might be making or to determine all the potential issues that could be sought,” the Wisconsin Court of Appeals recently affirmed a finding [...]
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