Employee Misclassification

Jennifer Milak

The North Carolina Senate recently unanimously passed Senate Bill 694, entitled “Employee Misclassification Reform.”  The bill provides additional sanctions for employers that repeatedly misclassify employees as independent contractors.  Repeat offenders can be assessed a fine of up to $1,000.00 per misclassified employee.  In addition to providing sanctions, the bill will create a new division within…

Odor Insurance

William Bulfer

Mellin v Northern Security Insurance Co., Inc., __ A.3d __, 2015 WL 1869572 (N.H. April 24, 2015) Plaintiffs filed a declaratory judgment action against Defendant asserting that their homeowner’s insurance policy required Defendant to reimburse them for loses to their condominium caused by a cat urine odor.  Plaintiffs’ downstairs neighbor owned two cats.  Plaintiffs leased…

Coverage for Your Commute

William Bulfer

Christopher Bartolomucci v. Federal Ins. Co., et al., __ S.E.2d __, 2015 WL 1727279 (Va. April 16, 2015) Plaintiff filed a declaratory judgment action seeking to establish that his personal vehicle fell within the scope of the Federal Insurance Company Insurance Policy (hereinafter “Policy”) issued to Plaintiff’s law firm.  Plaintiff was involved in a motor…

Freight Broker Liable as Statutory Employer and Uninsured Motor Carrier Penalized in Trucking Case

Bruce Hamilton

Frances Atiapo worked as a truck driver for Goree Logistics, Inc.  Goree contracted with Owen Thomas, a freight broker, to transport goods for another company.  While driving a load of goods for Goree, Frances Atiapo was injured in a motor vehicle accident in Colorado.  Goree did not have workers’ compensation insurance and denied Mr. Atiapo’s…

Special Relationships and the Dentist

William Bulfer

Indiana Restorative Dentistry, P.C. v The Laven Insurance Agency, Inc. and ProAssurance Indemnity Co., Inc., __ N.E.3d __, 2015 WL 1087199 (Ind. March 12, 2015) Plaintiff filed a claim against Defendant for a breach of tort duty arising out of a special relationship with Laven Insurance Agency (hereinafter “Laven”).  Plaintiff also alleged a breach of…