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…
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…
Changes to Industrial Commission Fees Effective July 1, 2015
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…
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…
Teague Campbell’s Medicare Settlement Solutions recently obtained a favorable MSA approval from CMS in a case where the plaintiff sustained a compensable back injury in 2002.
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…
Preferred Mutual Ins. Co. v. Vermont Mutual Ins. Co., __ N.E.3d __, 2014 WL 9909470 (Mass. App. Ct. June 17, 2015) Preferred Mutual Insurance Company (hereinafter “Preferred”) brought a declaratory judgment action against Vermont Mutual Insurance Company (hereinafter “Vermont”) seeking a determination that Vermont had the sole obligation to defend and indemnify Joseph Munyon. This…
State Farm Mutual Automobile Ins. Co. v. Kimberly S. Earl and the Estate of Jerry Earl, __ N.E.2d __, 2015 WL 3608850 (Ind. June 9, 2015) (Massa, J.) Jerry Earl filed a claim against State Farm Mutual Automobile Ins. Co. (hereinafter “Defendant”) seeking uninsured motorist benefits following a motorcycle accident that resulted in serious injuries. …
Karper v. Calderon, __ A.3d __, 2014 WL 8883198 (N.J. Super. Ct. App. Div. May 28, 2015) (per curium) This action arose out of an automobile accident where plaintiffs suffered damages in excess of the tortfeasor’s liability insurance coverage. When calculating Plaintiffs’ entitlement to UIM benefits, the Law Division judge applied a single individual credit…