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4th Cir. / Transgender Discrimination

State Employee Health Plan Waived Sovereign Immunity The United States Court of Appeals for the Fourth Circuit, applying federal law,... Read More

S.D. IL / Privilege

Internal Coverage Evaluations Not Protected Work-Product The United States District Court for the Southern District of Illinois, applying both Illinois... Read More

7th Cir. / Additional Insureds

Defense Duty Triggered by Allegations of Potential Vicarious Liability The United States Court of Appeals for the Seventh Circuit, in... Read More

7th Cir. / E & O

Sexual Misconduct Exclusion Applies to School District Settlement The United States Court of Appeals for the Seventh Circuit, in an... Read More

COVID-19 Case Tracker

Rosebud Case and Other Recent Dismissals N.D. Ill. / COVID-19: Rosebud Restaurants Fail to Allege Physical Loss or Damage Resulting... Read More

Insurance Bytes

Rob Muriel to Moderate COVID Insurance Panel for Hispanic National Bar Association: “COVID-19 Insurance Litigation Forecast,” 2021 Annual Hispanic National Bar... Read More

7th Cir. / TCPA

No Coverage for Conversion, Nuisance, and Trespass The United States Court of Appeals for the Seventh Circuit, in an opinion... Read More

S.D. TX / Broker Liability

No Fiduciary Relationship Between Broker and Client The United States District Court for the Southern District of Texas approved and... Read More


Timeline

September 2021

4th Cir. / Transgender Discrimination

State Employee Health Plan Waived Sovereign Immunity The United States Court of Appeals for the Fourth Circuit, applying federal law, denied a motion to dismiss from the defendant North Carolina State Health Plan for Teachers and State Employees (NCSHP), holding instead that NCSHP waived its state sovereign immunity by accepting federal financial assistance. As a result, the plaintiffs, who are transgender NCSHP enrollees, can sue NCSHP for alleged gender discrimination. NCSHP provides health insurance plans for the employees of North Carolina [...]

S.D. IL / Privilege

Internal Coverage Evaluations Not Protected Work-Product The United States District Court for the Southern District of Illinois, applying both Illinois and federal law, granted the insured’s motion to compel, which sought the production of documents, including internal coverage evaluations, found on the insurer’s privilege log and the inclusion of more detailed descriptions for other entries on the privilege log. The insurer, Federated Mutual Insurance Company (“Federated”), refused to provide the insured, Coyle Mechanical Supply, Inc. (“Coyle”), with a defense or [...]


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4th Cir. / Transgender Discrimination

State Employee Health Plan Waived Sovereign Immunity The United States Court of Appeals for the Fourth Circuit, applying federal law, denied a motion to dismiss from the defendant North Carolina State Health Plan for Teachers and State Employees (NCSHP), holding instead that NCSHP waived its state sovereign immunity by accepting federal financial assistance. As a result, the plaintiffs, who are transgender NCSHP enrollees, can sue NCSHP for alleged gender discrimination. NCSHP provides health insurance plans for the employees of North Carolina [...]

S.D. IL / Privilege

Internal Coverage Evaluations Not Protected Work-Product The United States District Court for the Southern District of Illinois, applying both Illinois and federal law, granted the insured’s motion to compel, which sought the production of documents, including internal coverage evaluations, found on the insurer’s privilege log and the inclusion of more detailed descriptions for other entries on the privilege log. The insurer, Federated Mutual Insurance Company (“Federated”), refused to provide the insured, Coyle Mechanical Supply, Inc. (“Coyle”), with a defense or [...]

7th Cir. / Additional Insureds

Defense Duty Triggered by Allegations of Potential Vicarious Liability The United States Court of Appeals for the Seventh Circuit, in an opinion written by Judge Hamilton and joined by Judge Scudder, applying Illinois law, affirmed the district court’s grant of summary judgment for the additional insured Prate Roofing & Installations, LLC (“Prate”), holding that insurer United Fire & Casualty Company (“United Fire”) had a duty to defend Prate against claims of vicarious liability in litigation involving a subcontractor’s alleged negligence [...]


Medium

4th Cir. / Transgender Discrimination

State Employee Health Plan Waived Sovereign Immunity The United States Court of Appeals for the Fourth Circuit, applying federal law, denied a motion to dismiss from the defendant North Carolina State Health Plan for Teachers and State Employees (NCSHP), holding instead that NCSHP waived its state sovereign immunity by accepting federal financial assistance. As a result, the plaintiffs, who are transgender NCSHP enrollees, can sue NCSHP for alleged gender discrimination. NCSHP provides health insurance plans for the employees of North Carolina [...]

S.D. IL / Privilege

Internal Coverage Evaluations Not Protected Work-Product The United States District Court for the Southern District of Illinois, applying both Illinois and federal law, granted the insured’s motion to compel, which sought the production of documents, including internal coverage evaluations, found on the insurer’s privilege log and the inclusion of more detailed descriptions for other entries on the privilege log. The insurer, Federated Mutual Insurance Company (“Federated”), refused to provide the insured, Coyle Mechanical Supply, Inc. (“Coyle”), with a defense or [...]


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4th Cir. / Transgender Discrimination

State Employee Health Plan Waived Sovereign Immunity The United States Court of Appeals for the Fourth Circuit, applying federal law, denied a motion to dismiss from the defendant North Carolina State Health Plan for Teachers and State Employees (NCSHP), holding instead that NCSHP waived its state sovereign immunity by accepting federal financial assistance. As a result, the plaintiffs, who are transgender NCSHP enrollees, can sue NCSHP for alleged gender discrimination. NCSHP provides health insurance plans for the employees of North Carolina [...]

S.D. IL / Privilege

Internal Coverage Evaluations Not Protected Work-Product The United States District Court for the Southern District of Illinois, applying both Illinois and federal law, granted the insured’s motion to compel, which sought the production of documents, including internal coverage evaluations, found on the insurer’s privilege log and the inclusion of more detailed descriptions for other entries on the privilege log. The insurer, Federated Mutual Insurance Company (“Federated”), refused to provide the insured, Coyle Mechanical Supply, Inc. (“Coyle”), with a defense or [...]


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4th Cir. / Transgender Discrimination

State Employee Health Plan Waived Sovereign Immunity The United States Court of Appeals for the Fourth Circuit, applying federal law, denied a motion to dismiss from the defendant North Carolina State Health Plan for Teachers and State Employees (NCSHP), holding instead that NCSHP waived its state sovereign immunity by accepting federal financial assistance. As a result, the plaintiffs, who are transgender NCSHP enrollees, can sue NCSHP for alleged gender discrimination. NCSHP provides health insurance plans for the employees of North Carolina [...]

S.D. IL / Privilege

Internal Coverage Evaluations Not Protected Work-Product The United States District Court for the Southern District of Illinois, applying both Illinois and federal law, granted the insured’s motion to compel, which sought the production of documents, including internal coverage evaluations, found on the insurer’s privilege log and the inclusion of more detailed descriptions for other entries on the privilege log. The insurer, Federated Mutual Insurance Company (“Federated”), refused to provide the insured, Coyle Mechanical Supply, Inc. (“Coyle”), with a defense or [...]


Full

4th Cir. / Transgender Discrimination

State Employee Health Plan Waived Sovereign Immunity The United States Court of Appeals for the Fourth Circuit, applying federal law, denied a motion to dismiss from the defendant North Carolina State Health Plan for Teachers and State Employees (NCSHP), holding instead that NCSHP waived its state sovereign immunity by accepting federal financial assistance. As a result, the plaintiffs, who are transgender NCSHP enrollees, can sue NCSHP for alleged gender discrimination. NCSHP provides health insurance plans for the employees of North Carolina [...]

S.D. IL / Privilege

Internal Coverage Evaluations Not Protected Work-Product The United States District Court for the Southern District of Illinois, applying both Illinois and federal law, granted the insured’s motion to compel, which sought the production of documents, including internal coverage evaluations, found on the insurer’s privilege log and the inclusion of more detailed descriptions for other entries on the privilege log. The insurer, Federated Mutual Insurance Company (“Federated”), refused to provide the insured, Coyle Mechanical Supply, Inc. (“Coyle”), with a defense or [...]