The Fair Credit Reporting Act, 15 U.S.C. §§ 1681, et seq. (FCRA), may barely sneak into a top ten list of federal labor and employment laws. Competing with such stalwarts as Title VII, ADEA, ADA, § 1981, FMLA, FLSA, NLRA, and OSHA, the FCRA might make the list because it regulates Read More
On Monday, April 29, 2019, the Eighth Circuit ruled that the “total pollution exclusion” (CG 21 49 or similar) to a CGL insurance policy eliminated coverage for claims against a policyholder that supplied a contaminated ingredient incorporated in livestock feed. See Restaurant Recycling, LLC v. Employer Mutual Casualty Co., No. Read More
Most commercial policyholders have some understanding of Fiduciary Liability Insurance, which covers the sponsors and fiduciaries of employee benefit plans against ERISA and similar state law claims. In addition to liability insurance coverage, these policies often provide first-party coverage for certain attorneys’ fees, and IRS fines and penalties associated with Read More
Sometimes a client/in-house lawyer will call, uneasy with a legal project. Perhaps the lawyer has been asked to give aggressive advice, represent the company in a high stakes deal, or to handle a type of matter with which they have no experience. Ultimately, the lawyer will ask whether their company’s Read More
In the midst of a coverage dispute, an insurer will often issue a check to the policyholder for less than the amount the policyholder contends is due. On these occasions, the policyholder will ask, “Should I cash the check?” The policyholder’s legitimate fear is that cashing the check will eliminate Read More