THE BOTTOM LINE: Perhaps In Nebraska. In a recent case, State Farm Fire And Casualty Company v. Dantzler, No. A-12-1042 (Dec. 17, 2013), the Nebraska Court of Appeals determined that an absolute pollution exclusion clause in a State Farm policy may cover a lead paint loss. The defendant, Dantzler, was a landlord. A renter sued, claiming that his son was poisoned by high levels of lead paint on Dantzler's rental property. At the time of [...]
THE BOTTOM LINE: An excess carrier has five viable claims against the primary carrier. Both a primary and excess insurer contract with a policyholder for coverage, but they do not contract with each other. Despite this lack of privity, when a verdict is rendered that exceeds the primary coverage, what claims can an excess insurer make against the primary insurer in order to avoid coverage? 1. Breach of implied duty of [...]
This coming spring, Partner Cathy Trent-Vilim will be teaching a three hour course at UNL College of Law focusing on trial techniques, such as voir dire, opening/closing, direct and cross examination, etc. The students will be comprised of third year law students. The class will include some lecture but the emphasis will be on practical application culminating in a mock trial.
After a challenge was declared between first and second floor employees of Lamson, Dugan and Murray, over 1,700 pounds of food was delivered to the Food Bank for the Heartland last week. While the second floor employees were the victors in this challenge, we are proud of each and every member of Lamson, Dugan and Murray for contributing to those less fortunate.
The Department of Labor has delayed its target date for publishing its final rule on the “advice exception”, a/k/a the “persuader rule”. It’s not clear why the rule was postponed, but opponents to the rule think the DOL postponed publication to shore up the language against anticipated legal challenges. Regardless, this rule could have significant impact on employers and how they deal with union organizing, so we’ll monitor this rule [...]
A recent case out of Colorado raises a question as to the continued use of the accepted and completed work doctrine and indicates that courts are abandoning the rule in favor of the foreseeability rule. Nebraska courts still apply the accepted and completed work, but change may be afoot. Let's take a look at these two rules. Accepted and Completed Work Doctrine Under the completed and accepted rule, an independent [...]
ISO amended the 2013 form CG 20 38. This form is used to add a blanket additional insured to a policy. New terms limit coverage: (T)he insurance afforded to such additional insured described above...Only applies to the extent permitted by law.... (Emphasis added). What does this mean? The committee added these terms to incorporate laws recently enacted in certain states that limit indemnity or prohibit it altogether between parties. Despite [...]
As many of you know, last April the EEOC updated its recommendations on employers’ use of applicants’ arrest and conviction records. At its core, the updated enforcement guidance makes illegal policies that automatically reject job candidates simply because they have a criminal record. The enforcement guidance sets forth criteria employers should consider when making hiring decisions on applicants with criminal histories. They are: The nature and gravity of the offense [...]
Sometimes a subcontractor is just too far down the chain to make a claim on a bond. A recent Kansas cases illustrated that a sub-sub-subcontractor was not a claimant under a subcontractor’s bond and its claim was denied. I wonder if anyone looked at the bond to see which entities it would actually cover before the problem arose. In Dun-Par Engineered Form Company v. Vanum Construction Company, the job involved [...]
2013 ISO form changes for Additional Insured Endorsements try to limit coverage to an indemnity agreement. The insurance afforded to such additional insured described above...Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Is this enforceable? Referring to a third party contract as a means to dictate coverage terms could possibly be a violation of state insurance regulations. After all, the third [...]