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Statute Requiring Automatic Revocation of Ex-Spouse’s Primary Beneficiary Designation In Life Insurance Policy Does Not Violate Contracts Clause Of The Constitution

Posted by Haight Brown & Bonesteel LLP on Aug 12th 2018

Statute Requiring Automatic Revocation of Ex-Spouse’s Primary Beneficiary Designation In Life Insurance Policy Does Not Violate Contracts Clause Of The Constitution
n Sveen v. Melin (No. 16-1432, filed June 11, 2018) (“Sveen”), the United States Supreme Court held that a statute which automatically revoked life insurance beneficiary designations following the policyholder’s divorce did not violate the Contracts Clause of the United States Constitution. (U.S. Const. Art. I § 10, cl. 1.)In 2002, the Minnesota Legislature passed a statute that automatically revokes the designation of a spouse as the beneficiary of life insurance policy if the policy is purchas
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Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

Posted by Law Firm of Haight Brown & Bonesteel LLP on Aug 12th 2018

Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable
In Padda v. Superior Court (GI Excellence), No. E070522, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a trial court abused its discretion in denying Defendants/Cross-Complainants’ request for a trial continuance where their key expert witness suddenly became ill twelve days before trial and before his deposition had been taken.The case arose from an employment-related contract dispute between two Gastroenterologists (hereafter “Petitioners”) and Plaintiff/Cros
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Employee Barred By Two-Year Statute of Limitations Period From Bringing Intentional Infliction of Emotional Distress Claim

Posted by Credit to Haight, Brown Bonesteel on Aug 12th 2018

Employee Barred By Two-Year Statute of Limitations Period From Bringing Intentional Infliction of Emotional Distress Claim
In Wassmann v. South Orange County Community College District, No. G053411, published June 12, 2018, the California Court of Appeal held that an employee was barred from bringing an Intentional Infliction of Emotional Distress claim by the two-year Statute of Limitations Period.On March 29, 2010, following a series of disputes between Ms. Wassmann, a tenured librarian, and several South Orange County Community College District (the District) employees, the District issued a Notice to Correct Def
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Middle District of Pennsylvania Holds No Coverage for Claims for Faulty Workmanship

Posted by By: Michael Disantis on Aug 12th 2018

Middle District of Pennsylvania Holds No Coverage for Claims for Faulty Workmanship
Last week, we reviewed Lenick Constr., Inc. v. Selective Way Ins. Co., 2018 WL 2727394, — Fed. Appx. —- (3d. Cir. 2018), a Third Circuit case addressing the scope of coverage for claims arising from faulty workmanship under Pennsylvania law as set forth in Kvaerner Metals Division of Kvaerner US, Inc. v. Commercial Union Ins. Co., 900 A.2d 888 (Pa. 2006). This week, we continue our “Kvaerner Mid-Year Update,” addressing two recent cases in the United States District Court for the Middle Distr
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Commercial Insurance Prices in U.S. Increase for First Time in 3 Years

Posted by Willis Towers Watson on Jun 12th 2018

Commercial Insurance Prices in U.S. Increase for First Time in 3 Years
Commercial insurance prices in the U.S. increased modestly in the first quarter of 2018, according to leading global advisory, broking and solutions company Willis Towers Watson’s Commercial Lines Insurance Pricing Survey (CLIPS). The survey compared prices charged on policies written during the first quarter of 2018 with those charged for the same coverage during the equivalent quarter in 2017. Price changes were in excess of 1 percent for the first time in 11 quarters, breaking the moderating
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