It’s interesting. Blog posts have “legs” (you should get the intentional pun in a minute) for all sorts of reasons, and it can be hard to figure out why in any particular case. With regard to my eighth
Boston ERISA & Insurance Litigation Blog
Blog Authors
Latest from Boston ERISA & Insurance Litigation Blog
Boston ERISA and Insurance Litigation Blog’s Top Ten Countdown for the New Year – The Ninth Most Popular Post of 2024
Continuing with my countdown of my top ten most read blog posts of 2024 – as chosen by you, the reader! – leads me today to one of my favorite topics, namely the increasing targeting of small (relatively speaking) ERISA…
Boston ERISA and Insurance Litigation Blog’s Top Ten Countdown for the New Year
When I was growing up back in the seventies, one of the highlights of the end of the year was that the rock stations would all compile lists of the top songs of the year, and then play them all…
Are Restaurants, Bars and Other Businesses Entitled to Insurance Coverage for Covid/Pandemic Shutdowns?
Like many lawyers with expertise in insurance coverage, I was immediately contacted after the pandemic hit by business owners – often restaurant and bar owners – about seeking business interruption coverage under their insurance policies. My usual conclusion was that…
A Modest Proposal for Solving (At Least Part of) the ERISA Class Action Litigation Crisis
So two stories today give me a soapbox to address one aspect of ERISA class action litigation and the push back from plan sponsors and their fiduciary liability insurers against the costs imposed on them by this line of litigation.…
A Tale of Two Maps: Homeowners Premium Increases, Climate Risk Increases and How They Relate
It’s interesting. I have been at DRI’s 2024 Insurance Coverage and Practice Symposium all day, and much of the discussion is either directly about or tangentially related to the impact of artificial intelligence on insurance. To me, the consistent theme…
Long Covid and LTD Benefits
This is a great, and I think pretty even handed, article by Bloomberg on litigating LTD claims under ERISA. Although the headline and the central thrust of the article are about obtaining LTD benefits for claims of long Covid, the…
Adding Private Equity Investment Options to 401(k) Plans May Be a Good Idea – for Everyone Who Is Not a Plan Participant or a Plan Fiduciary
There’s an old New Yorker cartoon that shows a grandfatherly man talking to a younger man in a library, and he says to him that “Those who don’t study history are doomed to repeat it [while] those who do study…
Principles for Avoiding Chapter 93A or Other Bad Faith Liability (Lesson Three)
In the first of my two posts in this series discussing lessons I have learned over the past thirty years of practice as to how to avoid incurring Chapter 93A liability as a result of claims handling or settlement decisions,…
Principles for Avoiding Chapter 93A or Other Bad Faith Liability (Lesson Two)
In my last post on the lessons that I have learned in 30 years of representing insurers in Chapter 93A cases, I discussed the crucial – almost outcome determinative – role in such a case against an insurer of…