On the Sea, But Not A Seaman: When Maritime Workers Can Bring Claims Under the Jones Act and General Maritime Law

February 2019 | Category: Articles and Presentations, News

While the Jones Act and general maritime law provide injured maritime workers with remedies, these remedies, as reflected in a recent federal decision and the precedents it follows, are not available to every maritime worker who sustains an injury on the water. In Ross v. W&T Offshore, Inc., 2018 WL 6492762 (E.D. La. Dec. 10, 2018) (slip copy), the court, reinforcing the threshold requirements necessary for seeking relief under the Jones Act and general maritime law, rejected the contention that an employee injured on an oil platform permanently affixed to the sea floor can seek recovery under either the Jones Act or general maritime law.

Read Article

What Conn. Opioid Ruling Means for Liability Insurers

January 2019 | Category: Articles and Presentations, News

A Connecticut judge recently dismissed lawsuits filed by thirty-seven cities seeking to recover economic losses allegedly arising from the opioid epidemic, calling efforts to determine which of twenty-five pharmaceutical defendants caused the cities’ losses “junk justice.”  R. Patrick Bedell and Kevin F. Harris of BatesCarey’s Opioid Coverage Task Force analyze this notable...

Read Article

Mickey Passman Assesses Recent Case Law Highlighting Value of "Catch All" Reservation of Rights in Insurers’ Coverage Correspondence

October 2018 | Category: Articles and Presentations, News

Michael “Mickey” Passman examines an Illinois federal judge’s recent ruling in a coverage dispute case, Tracy Holdings LLC v. West Bend Insurance Co., in his October 2018 Insurance Law IICLE Flashpoints column. At issue was the value of insurers’ use of “catch all” reservation of rights statements in denial letters, particularly in avoiding application of “mend the hold” and waiver doctrines under Illinois law in ensuing litigation.

Read Article

Mickey Passman Discusses Recent Case Law Clarifying the Standard for Voiding an Insurance Policy due to a Misrepresentation in the Application

July 2018 | Category: Articles and Presentations, News

Michael “Mickey” Passman examined the Illinois Appellate Court’s decision of Direct Auto Insurance Co. v. Sinclair in his July 2018 Insurance Law IICLE Flashpoint column. At issue was whether a misrepresentation in the insurance application that increases premium renders the policy void.

Read Article