Articles by Andrew G. Simpson

Simpson is a freelance writer and editor. He retired as Chief Content Officer for Wells Media Group in July, 2022 after 18 years with the company.

New York Fund for Injured Black Car Drivers Wins Surcharge Fight

The New York workers’ compensation fund for black car drivers was within its authority to impose a 2.5% surcharge on noncash tips that passengers paid to drivers, a three-justice panel of the Second Circuit Court of Appeals unanimously ruled on …

Pennsylvania Law Assures Medical Expense Coverage for Injured Unlicensed Driver

An unlicensed driver exclusion in a Pennsylvania auto insurance policy does not apply to allow an insurer to deny statutorily mandated first party medical expense benefits, the Pennsylvania Superior Court has ruled. The appeals court found that the exclusion does …

State’s High Court Asked to Define ‘Surface Waters’ Under Flood Coverage

Do “surface waters” covered by property flood insurance include rainwater that accumulated on an enclosed roof one or more stories above the ground? The landlord and operator of a suburban Massachusetts hospital disagree with their insurers on the answer to …

Judge Blocks Chubb Exit From New York Diocese’s Thousands of Child Sex Abuse Suits

A New York judge has ruled that the “plain language” of Chubb Insurance policies dictates that the insurer must cover the Archdiocese of New York parishes and schools as they contend with thousands of sex abuse lawsuits. Chubb has balked …

Trump Again Denied Presidential Immunity Defense in Carroll Defamation Case

A federal appeals court panel has rejected former President Donald Trump’s attempt to shield himself from a defamation suit by claiming presidential immunity. The three-judge Second Circuit Court of Appeals panel agreed with a federal district court that Trump waived …

New York Law Bars Subrogation by Lloyd’s in LaGuardia Project, Appeals Court Affirms

A federal appeals court has declared that New York law prevents Lloyd’s from recovering some loss payments from Zurich American because Zurich’s insured was also an insured of Lloyd’s in a case involving a construction project at LaGuardia Airport. The …

Maryland’s Workers’ Compensation Bars Non-Dependent Child’s Wrongful Death Claim

A non-dependent adult child whose father died on the job does not have a right to bring a wrongful death claim against her late father’s employer, the Maryland Appellate Court has ruled. The appeals court affirmed a circuit court that …

Travelers Wins CGL v. E&O Battle in Insurance Agency Defamation Case

Travelers Casualty Insurance Co. did not owe a duty to defend or indemnify its insured, CBIZ Borden-Perlman Insurance Agency, Inc., in a tort action in which Republic, as another insurer of B-P, bore the litigation and settlement costs, a federal …

Supreme Court Ducks Hotel’s Challenge to Disability Access Tester’s Right to Sue

The U.S. Supreme Court has passed on deciding whether private citizen “testers” who search online for and then sue companies that appear to not be in compliance with federal disability regulations have standing to sue. However, the high court advised …

Tech Firm Settles Over Failure to Accommodate Deaf Job Candidate

A San Diego-based technology firm for the hospitality industry has avoided a trial over charges it discriminated against a qualified deaf applicant from Massachusetts for a remote IT job. U.S. District Judge Richard G. Stearns in Boston approved a 26-page …