Contingent Liability and Collectible Insurance

Bartkowiak v. Underwriters at Lloyd’s, London, __ N.E.3d __, 2015 IL App (1st) 133549 (Ill. August 13, 2015) In 2009, a truck delivering road-surfacing materials struck and killed plaintiff’s husband.  The insured was a truck broker that assigned the job to the at fault truck driver.  The insured was named on the truck driver’s automobile liability…

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Are Your Independent Contractors Really Employees?

According to the Department of Labor’s (“DOL”) most recent guidance on the difference between an “employee” and an “independent contractor,” the answer to this question is likely: “Yes.” On July 15, 2015, the DOL issued an Administrator’s Interpretation on the application of the Fair Labor Standards Act’s (“FLSA”) standard used to identify employees who are…

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Alternate Avenues of Risk and Recovery

Wilks v. Manobianco, __ P.3d __, 2015 WL 4132181 (Ariz. July 9, 2015) Plaintff obtained UM and UIM automobile insurance coverage from defendant broker for two years.  Following this time, plaintiff switched to another automobile insurance company.  One year later, plaintiff decided to go back to his first carrier and contacted defendant, allegedly instructing him…

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Separation of Insureds in Vicarious Liability Claims

Liberty Univ., Inc. v. Citizens Ins. Co. of Am., No. 14-2254, ___ F.3d ___, 2015 WL 4153840 (4th Cir. July 10, 2015). Janet Jenkins, plaintiff in the underlying lawsuit, sued Liberty University, claiming direct and vicarious liability, related to an alleged scheme to kidnap Jenkins’ daughter. Jenkins alleged that the university helped Lisa Miller, the…

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Case Summary – EEOC v. Abercrombie & Fitch

On June 1, 2015, the United States Supreme Court issued an opinion in EEOC v. Abercrombie & Fitch Stores, Inc.  The majority opinion, authored by Justice Antonin Scalia, analyzed whether an employer must have actual knowledge of an applicant or employee’s religious belief before the protections of Title VII attach to him or her. In…

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