In Allianz Ins. Co., et al. v. Guidant Corp., et al., ___ N.E.2d ___, 2008 WL 5412846 (Ill. App. Ct. Dec. 29, 2008), the Illinois Appellate Court upheld partial summary judgment in favor of the insurers that the policyholder could not aggregate multiple products liability claims under the policy's batch clause.

In Smith v. Liberty Life Ins. Co., ___ F.3d ___, 2008 WL 2689247 (5th Cir. July 10, 2008), the Fifth U.S. Circuit Court of Appeals held that a policy's intoxication exclusion barred a claim arising out of a drug addict's death.

Beginning January 1, 2008, many California workers in the computer software and information technology industries may become exempt from the state's overtime law. Since 2001, Labor Code section 515.5 has provided that highly skilled, highly paid computer professionals are exempt from the state's overtime laws.

In Briggs Ave. L.L.C. v. Insurance Corp. of Hannover, ___ F.3d ___, 2008 WL 5220541 (2d Cir. (N.Y.) Dec. 16, 2008), the Second U.S. Circuit Court of Appeals addressed whether a policy's notice of claim condition was breached, therefore forfeiting coverage.

In Cincinnati Ins. Co. v. American Hardware Manufacturers Ass'n, ___ N.E.2d ___, 2008 WL 4963726 (Ill.App. Ct. Nov. 12, 2008), addressing contribution between two insurers, the Illinois Appellate Court held that allegations of recklessness in a claim for defamation did not amount to intentional conduct negating a duty to defend.

In Taylor v. Progress Energy, Inc., the U.S. Court of Appeals for the Fourth Circuit held that - without prior Department of Labor or court approval - an employee may not prospectively or retrospectively waive or release claims under the Family and Medical Leave Act of 1993.

In D.H. Williams Construction Inc., v. Clovis Unified School District (Emmett's Excavation, Inc.), (C.D.O.S. 401 (January 10, 2007)), the California Court of Appeals held that a public agency could not reject the lowest bid as nonresponsive based upon the lowest bidding contractor listing an unlicensed subcontractor on bid forms.

The California Court of Appeal held that economic loss resulting from an employee's theft of promotional game pieces designed for use by a corporate client does not constitute a "physical loss" covered under a contract for property insurance.

In AGA Fishing Group Ltd. v. Brown and Brown, Inc., ___ F.3d ___, 2008 WL 2687494 (1st Cir. July 10, 2008), the First U.S. Circuit Court of Appeals affirmed that an insurance company is not liable for insufficient coverage absent the existence of "special circumstances" creating a duty of care.

The New York Appellate Division dismissed a coverage action for forum non conveniens in EGhose v. CNA Reinsurance Co., Ltd., 2007 N.Y. Slip Op. 06572, 2007 WL 2493379 (1st Dep’t Sept. 6, 2007). In dicta, however, the court reaffirmed that unilateral rescission is not permissible under New York law, and indicated that it appears to be impermissible under Bermudian law as well.

As a matter of first impression, the Fort Worth Court of Appeals held that the manifestation trigger applies to a first-party property damage claim under a standard homeowners insurance policy.

Abandonment is a well-known concept on construction projects in California. It generally arises in different situations.

Abandonment is a well-known concept on construction projects in California. It generally arises in different situations. One example is when the project's design is so deficient that the contractor performs a massive amount of change orders and extra work.

In U.S. Fidelity & Guar. Co. v. Goudeau, ___ S.W.3d ___, 2008 WL 5266378 (Tex. Dec. 19, 2008), the Texas Supreme Court held that a "Good Samaritan" who suffered serious injuries while assisting another motorist was not entitled to coverage under his employer's underinsured motorist policy because he was not "occupying" his vehicle at the time of the accident.

In an effort to maintain customers and trade secrets, many companies sign employment contracts with their employees that include confidentiality and non-competition clauses.

On August 31, 2007, the Texas Supreme Court unanimously ruled that a group of Texas hospitals can bring claims for reimbursement in state court without first proceeding through the Medicare administrative appeals process.

The U.S. Supreme Court issued last week its anticipated decision in <I>LaRue v. DeWolff</I>, 2008 Lexis 2014 (2008), holding that a 401(k) plan participant could individually sue for breach of fiduciary duty under ERISA section 502(a)(2) for losses to the participant's individual account.

Bankruptcy Court was often seen as a venue for bargain hunters to obtain great deals.

On April 15, 2008, the New York Appellate Division, First Department, affirmed a lower court's determination that product liability claims arising from the manufacture and distribution of the same product constitute multiple occurrences under general liability policies.

In Certain Underwriters at Lloyds, London v. Inlet Fisheries Inc., et al, ___ F.3d ___, 2008 WL 351688 (9th Cir. Alaska Feb. 11, 2008), the Ninth U.S. Circuit Court of Appeals applied the doctrine of uberrimae fidei in holding that an insurer was entitled to rescind a policy where the insured failed to disclose material facts in its application for insurance.