Web Activity Enough for Discovery
October 02, 2003
Even if a Web site is both commercial and interactive, a court cannot exercise jurisdiction over its operator unless there is also proof that the company has 'purposefully availed' itself of doing business in that state, a federal appeals court has ruled.
CASE BRIEFS
October 02, 2003
Highlights of the latest insurance cases from around the country.
Door Opens for Malpractice Claims to Outlast Preemption Disputes
October 02, 2003
Until recently, state medical malpractice claims against HMOs were almost universally subject to federal preemption in light of the Supreme Court's expansive interpretation of the preemption provisions of the Employee Retirement Income Security Act of 1974 [ERISA], 29 USC ' 1144[a], which states in sweeping language that ERISA supersedes 'any and all State laws [that] ... relate' to benefits plans governed by ERISA. The effects of such preemption include federal subject matter jurisdiction and avoidance of state tort law and tort law damages.
Negligence Standard Applies, Says Judge
October 02, 2003
In a significant victory for plaintiffs, a federal judge has ruled that a negligence standard applies in 'excess verdict bad faith' suits against insurance companies whose refusal to settle a claim results in a verdict in excess of the policy limits.
The Battle over Mold: Report from the Front
October 02, 2003
Over the last 2 years, there has been an explosion in lawsuits by owners of residential and commercial properties seeking compensation for the cost of remediating mold-related damage. Mold has become the new 'tort du jour' in the construction industry. With the rise in mold claims, homeowners and owners of commercial property have scurried to review their first-party property insurance policies to determine whether they are insured for such damage.
CASE BRIEFS
October 02, 2003
Highlights of the latest insurance cases from around the country.
Innocent Spouse Can Be Denied Coverage, Says NJ
October 02, 2003
Can an insured's resident spouse be precluded from receiving no-fault coverage if the insured has commited fraud? On January 29, 2003, the New Jersey Supreme Court decided the case of <i>Palisades Safety & Insurance Association v. Leonel Bastien and Paule Bastien</i>, 814 A.2d 619 (2003) and decided for the first time 'whether an insured's resident spouse is precluded from receiving no-fault coverage when the insured lies to the insurer about his marital status and represents that there were no other persons of driving age residing in his household.' <i>Id.</i> at 620. The court affirmed a prior decision by the Appellate Division of the New Jersey Superior Court.
What You Need to Know About EPLI
October 02, 2003
Even one relatively simple single-plaintiff employment discrimination lawsuit may result in substantial losses, which can be devastating for small- to mid-sized employers, particularly if punitive damages are awarded. And the legal expenses of defending such a lawsuit, even if successful, may be just as costly as losing the court battle. Moreover, the number of discrimination cases remains on the rise ' sexual harassment charges alone jumped nearly 50% from 1992 to 2001.
How to Investigate Fraudulent Claims
October 02, 2003
Insurance carriers are routinely presented with claims for insurance benefits that contain elements of fraud. As a practical matter, fraudulent claims may be classified in three categories: fraud at the inception of the policy; fraudulent enhancement of an otherwise valid claim; and the staged loss. The elements of these types of claims often overlap, and the successful defense of a fraudulent claim for insurance benefits is based on a thorough understanding of the insurance policy and a complete analysis of the claim. Due to the scope of the subject matter, this topic will be addressed in a monthly series of articles. Each will focus on a different part of the investigation process. This first article begins with an overview of the investigative process.
