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February 09, 2009
Publication - Insurance Corporate & Regulatory, Insurance Coverage
New York Insurance Department Issues Draft Regulation Requiring Disclosure of Producer Compensation - Insurance Corporate and Regulatory Alert! - With the release of a proposed regulation entitled
“Producer Compensation Transparency”, the New York Insurance Department (the “Department”) has
taken a step toward requiring insurers to notify their insureds of the compensation paid to brokers and agents (‘producers”). Among the purposes of the proposed New York Insurance Regulation (the “Regulation”), issued as a discussion draft, is “to
protect the interests of the public by establishing minimum
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February 05, 2009
Publication - Insurance Coverage
Another Year Of Americans Eating Dangerously: A Retrospective Of 2008 Food Contamination Coverage Decisions - Insurance Coverage Alert! - For a third consecutive year, Americans begin a new year enduring another international food contamination outbreak. Like the two previous years, the outbreak involves a staple of the American diet. And, similar to the 2006
outbreak, the All-American food under attack is peanut butter.
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February 04, 2009
Press Release
Twenty-one attorneys in Cozen O’Connor’s Philadelphia office have been named to the 2008 Pro Bono Roll of Honor of the First Judicial District (FJD) of Pennsylvania.
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February 03, 2009
Publication - Labor & Employment
Employees Involved In Internal Investigations Of Discrimination Are Protected From Retaliation - Labor and Employment Alert! - In a case which follows the adage that bad facts make bad law, the United States Supreme Court has held that an employee who responded to an employer’s questions in an internal investigation of a complaint of employment discrimination is protected by the anti-retaliation provisions
of Title VII of the 1964 Civil Rights Act. The virtually unanimous decision (all Justices concurred in the judgment; but Justice Alito filed a concurring opinion in which Justice Thomas
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February 03, 2009
Publication - Insurance Corporate & Regulatory, Insurance Coverage
Amendment to New York Reinsurance Regulation May Prevent Arbitration Between Ceding Companies and Their Unauthorized Reinsurers - Insurance Corporate and Regulatory Alert! - Interested parties are urged to submit comments to the New York Insurance Department on a proposed
amendment to the regulation that governs credit for reinsurance from unauthorized reinsurers. The amendment appears to preclude arbitration of disputes rising from reinsurance agreements with unauthorized reinsurers. The deadline for submitting comments is February 7, 2009. A
public hearing on the proposed rule is not scheduled.
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February 02, 2009
Publication - Insurance Corporate & Regulatory, Insurance Coverage
New York Insurance Department Issues Opinion On Treatment Of Collateral Held By An Insurer In Liquidation Or Rehabilitation - Insurance Corporate and Regulatory Alert! - Certain insurance programs, particularly workers’
compensation programs with large deductibles,
require the insured to deposit collateral with the
insurer as security for performance by the insured of its payment obligations. The liquidation of Reliance Insurance Company in Pennsylvania brought collateral deposits into the spotlight and led Pennsylvania and Illinois to enact legislation addressing the right to such collateral in the event of the liquidation or insolvency of an
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February 01, 2009
Publication - Construction Law - Real Estate & Construction
BIM! You've Been Sued! - STRUCTURE - It has not happened yet. To date, no law- suit has been filed based upon the use of
Building Information Modeling (BIM) in a
project. But it will. It's only a matter of time.
Up until recently, BIM has mostly been used
as a design tool in experimental, high profile,
complex construction projects like the Freedom
Tower at the former World Trade Center site,
the London Hospital project, and refurbishment
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February 01, 2009
Publication
When Fraud Happens to You: Evaluating Your Options & Best Chances for Recovery - Forensic Insight - Recently, the scariest part of each day is opening the morning newspaper and seeing what new fraud has made the headlines. Bernard Madoff and his hedge fund. Joseph Forte and his investment fund. Jack Bennett and New Era Philanthropy. John Rigas and Adelphia. Hopefully, the article under the headline won’t mention you or your clients. But sometimes it does.
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February 01, 2009
Publication - Insurance Corporate & Regulatory, Insurance Coverage
Eye on Regulation - BEST'S REVIEW -
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January 30, 2009
Publication - Insurance Coverage
Wisconsin Supreme Court Rules Each Asbestos Claimant's Exposure Constitutes a Separate Occurrence and Adopts 'All Sums' Approach to Allocation - Insurance Coverage Alert! - Wisconsin’s highest court is the latest to weigh
in on the obligations of liability insurers for
underlying asbestos bodily injury claims. In Plastics Engineering Co. v. Liberty Mutual Insurance Co., No.2008AP333-CQ (Wis. Jan. 29, 2009), the Wisconsin Supreme Court held that each underlying claimant’s repeated exposure to asbestos-containing products constitutes a separate occurrence, and insurers must fully defend and pay all sums up to policy limits. In so holding, the
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January 29, 2009
Press Release - Labor & Employment
Cozen O'Connor member Jeffrey I. Pasek has edited the 2009 edition of the Pennsylvania Human Resources Manual, published by the American Chamber of Commerce Resources in conjunction with the Pennsylvania Chamber of Business and Industry. This edition contains 24 chapters, all written by attorneys at Cozen O'Connor, that reflect the current state and federal employment laws, covering hiring, wages, discrimination, performance evaluations, employee discipline, termination, privacy and high technology in the workplace, workers’ compensation, and drugs and alcohol in the workplace, among other topics.
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January 29, 2009
Publication - Insurance Coverage
In this issue, we identify key coverage developments from the year 2008. We summarize recent court decisions dealing with coverage for toxic torts, environmental losses, construction defect and property losses. We also address new decisions in the areas of insolvency and reinsurance.
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January 28, 2009
Publication - Construction Law - Real Estate & Construction
Dangerous Liaisons: What to Do Before Things Go Wrong - Constructor Magazine - An indemnification or hold- harmless clause in a construction contract shifts liability and protects parties involved in the agreement.
Take a typical scenario: an owner hires an architect and a general contractor to design and build an addition. The general contractor hires various subcontractors. During construction, a collapse occurs, causing extensive damage and injuries. The injured workers file lawsuits against the owner, architect, GC and various subs.
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January 26, 2009
Publication - Subrogation & Recovery - Insurance
Alberta Statute Entrenches Subrogation Rights - Canadian Subrogation and Recovery Alert! - On November 4, 2008 the Alberta Legislature passed
Bill 11, a Bill to amend the Insurance Act of Alberta. Bill 11 was introduced as a means to update the Alberta Insurance Act which has not been significantly changed in the past thirty years! Among other items, Bill 11 introduced greater clarification with respect to the subrogation rights of an insurer.
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January 26, 2009
Publication - Insurance Coverage
Washington Court Holds Insurer Not Bound By Findings in Underlying Case Where Insured Settled Lawsuit Prior to Adjudication - Insurance Coverage Alert! - In Green v. City of Wenatchee, et al., --- P.3d ----, 2009 WL 116927 (January 20, 2009), the Washington Court of Appeals held that for purposes of a reasonableness hearing, an insurer was not bound by stipulated findings of fact and conclusions of law entered as part of a settlement
agreement where the trial court did not address the merits of plaintiff’s liability claims and the defenses. The Court of Appeals vacated an order that declared a $1 million consent
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January 23, 2009
Publication - Insurance Corporate & Regulatory, Insurance Coverage
Congressman Ask Geithner For Insurance Oversight - Law 360 -
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January 21, 2009
Press Release - Labor & Employment
The Pennsylvania Chamber of Business and Industry has released the 2009 Human Resources Library, which features two employment law how-to guides, including the Pennsylvania Human Resources Manual, authored by the attorneys at Cozen O’Connor. This first edition reflects the current state and federal employment laws, covering everything from hiring to firing (and everything in between).
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January 09, 2009
Publication - Subrogation & Recovery
2008 Southern California Wildfires: Analysis of Recovery Issues - Cozen O'Connor Whitepaper - As many of you are aware, Cozen O’Connor is one of the lead counsel in the pending litigation involving the 2007 Southern California Wildfires. We have created an additional task force to research recovery issues arising out of the 2008 wildfires. We are pleased to present Cozen O’Connor’s Subrogation White Paper, 2008 Southern California Wildfires: Analysis of Recovery Issues.
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January 08, 2009
Publication - Labor & Employment
International Review of Employment: The Definitive Voice on International Employment Matters - International Review of Employment - President-elect Obama has openly expressed his desire to work with various labor organizations to alter existing labor laws. On top of the union agenda is passage of the Employee Free Choice Act (EFCA), which passed the House in 2007. EFCA would dramatically change the union organizing process by eliminating 'secret ballot' elections under the auspices of the National Labor Relations Board. Instead, it would allow unions to be certified to negotiate pay, benefits and working conditions
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January 06, 2009
Press Release
Cozen O’Connor Attorney Steven K. Gerber Elected President Of Radnor School Board
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