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  • Article

    Elaborate: OSHA Extends Injury Reporting Deadline Until December 15, 2017

    The Occupational Safety and Health Administration ("OSHA") has announced a two-week delay of the deadline for employers to submit their 2016 "Summary of Work Related Injuries and Illnesses."
    United StatesEmployment and HR
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    North Carolina Court Of Appeals Determines Insurer Is Not A Tortfeasor

    The North Carolina Court of Appeals held that an auto insurer that paid an underinsured motorist claim after a policyholder was hit by a drunk driver cannot seek contribution from the social hosts ...
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Federal Court Blocks Corporate Transparency Act... But Stay Tuned

    On December 3, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas granted a nationwide preliminary injunction enjoining enforcement...
    United StatesCorporate/Commercial Law
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    U.S. Employers Can Fill Labor Gaps Faster Through New USCIS Policies

    For years, major delays in visa processing have hurt both highly skilled foreign nationals looking for jobs in the U.S. and businesses trying to fill labor shortages with qualified talent.
    United StatesImmigration
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Federal Court In South Carolina Holds Noise Nuisance Complaint Does Not Allege An "Occurrence"

    A federal court in South Carolina held that a nuisance lawsuit based on noise failed to allege an "occurrence" or property damage under a CGL policy.
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Federal Court In South Carolina Strictly Construes MCS-90 Endorsement

    A federal court in South Carolina held that a commercial motor vehicle policy does not cover the insured for an underlying motor vehicle accident ...
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Federal Court In Tennessee Finds Theft Not Covered Due To Delay In Discovery

    A federal court in Tennessee granted summary judgment to an insurer as it found coverage was not owed under an aircraft policy for the theft of avionic equipment from a covered aircraft ...
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Federal Judge In Texas Grants Summary Judgment For Insurer On Bad-Faith Claim After Payment Of Appraisal Award

    A federal judge in Texas found that an insured had not proven a tort independent of a claim underpayment which would entitle it to a finding of bad faith against the insurer.
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Florida Appellate Court Finds Water Damage Sub-limit Ambiguous And Includes Tear-Out Costs

    A Florida appellate court affirmed summary judgment entered in favor of insureds after determining that the policy wording applicable to the loss was ambiguous.
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    LDI Tells Louisiana Insurers And HMOs To Warn Insureds About Potential Tax Consequences From Pharmacy Discount Cards And Coupons

    According to IRS rules, HDHPs are not allowed to provide benefits for any year until the insured's minimum deductible for that year is met.
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Mississippi Supreme Court Unanimously Concludes Pollution Exclusion Is Ambiguous

    Reversing a trial court's grant of summary judgment for an excess insurer under a pollution exclusion, the Mississippi Supreme Court unanimously held the exclusion ambiguous.
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Federal District Court In Kentucky Enforces Policy's Lawsuit Time Limitation

    A federal court in Kentucky granted summary judgment to an insurer on a breach of contract claim on the basis that the policy's two-year limitation period to file suit for claims under the policy ...
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Florida Appellate Court Holds Exclusion For Constant Or Repeated Seepage Exclusion Is Not Unambiguously Clear

    A Florida appellate court recently held that it is not unambiguously clear whether a policy provision excluding losses caused by constant or repeated seepage or leakage over a period of 14 or more days ...
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Florida Appellate Court Holds Insurer Does Not Waive Coverage Position By Invoking Appraisal

    A Florida appellate court held that the trial court erred in entering final judgment enforcing an appraisal award that included damages excluded under the insureds' policy.
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    North Carolina Court Holds Alleged Statutory Violations Preclude Coverage Under Business Liability Policy

    A federal court in North Carolina held that an insurer has no duty to defend or indemnify when the policy's statutory violation exclusion precludes coverage for the underlying actions.
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Corporate Transparency Act: Guess Who's Back (Again)

    On February 18, the U.S. District Court for the Eastern District of Texas set aside the injunction it had issued in Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336...
    United StatesCorporate/Commercial Law
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    CTA Injunction Back In Place, At Least For Now, But Stay Tuned (Again)

    In the latest change of course related to the Corporate Transparency Act (CTA), a preliminary nationwide injunction was reinstated on Dec. 26. Businesses currently do not need to comply with the CTA's reporting requirements.
    United StatesCorporate/Commercial Law
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Texas Gains Primacy For Class VI Carbon Capture Wells

    The U.S. Environmental Protection Agency (EPA) recently finalized a rule granting the State of Texas primary permitting and enforcement authority over Class VI...
    United StatesEnvironment
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    What To Know About President Trump's Executive Order On Marijuana Rescheduling

    President Donald Trump's executive order directs agencies to begin moving marijuana from Schedule 1 to Schedule III of the Controlled Substances Act.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    New H-1B Rule Gives Edge To Skilled, Well-Paid Employees

    The U.S. Department of Homeland Security has announced revisions to the H-1B work visa selection process.
    United StatesImmigration
    Phelps Dunbar LLP
    Phelps Dunbar LLP

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