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The Insurance Coverage Law Bulletin
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Articles from Related Newsletters
Termination Premiums Under ERISA Held to Be Dischargeable Prepetition Claims
The Bankruptcy Strategist
In a matter of first impression, the U.S. Bankruptcy Court for the Southern District of New York held that the termination premiums assessed against Oneida as a result of the termination of one of Oneida’s pension plans during its Chapter 11 case were prepetition “claims” that were discharged under Oneida’s confirmed plan of reorganization.

Parent Corporations and Their Subsidiaries' Liabilities: Guidelines
The Corporate Counselor
There are many reasons to insulate parent and sibling entities from known exposure to which a particular subsidiary is subject. These include vulnerability to the taxes, regulation and jurisdiction of a state or foreign nation. Protecting against such vulnerabilities are an important task for corporate counsel. This article explains.

Even Non-Union Employees Have Rights Under the NLRA
Employment Law Strategist
Even in today’s increasingly non-union workplace, management must not ignore laws enacted primarily to protect unions. To do so could have a serious impact on non-union environments. All employers should exercise caution before taking disciplinary or other adverse action against employees for conduct that could be perceived as group activity. Here's why.

In the Spotlight: Conducting Leasing Due Diligence? Watch for These Nine Lease Provisions
Commercial Leasing Law & Strategy
This article provides a brief explanation of nine aspects of leases that should be reviewed by the purchaser of income-earning commercial real property or its legal advisers during the due diligence period.

Top Stories
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Headlines
Subprime Mortgages and D&O Coverage: Will Insurers Pay and for What?
As the wave of litigation related to subprime defaults builds momentum, the people and institutions targeted by that litigation are looking to their insurers for reimbursement of the costs of defending those actions and any resulting liabilities.

Hurricane Katrina Case: LA Supreme Court Upholds Flood Exclusion
In a case the insurance industry has been closely monitoring, the Louisiana Supreme Court unanimously ruled that insurance policies with flood exclusions do not cover flood damage from the failure of man-made levees.

Insurer Claim Files: Privilege and Work-Product Protection
This article surveys some of the ways that courts have approached the issues of privilege and work product protection for insurer claim files.

Court Curtails Forum Shopping: NJ Supreme Court’s Sensient Decision Confirms Recent Trend of Other State Courts
When the New Jersey Supreme Court affirmed the Appellate Division’s decision in Sensient v. Allstate Insurance Company last month, it provided a final seal of approval to what previously had been an ever-expanding scope of jurisdiction over the interpretation of insurance policies relating to possible coverage of environmental remediation within New Jersey’s borders.

Case Briefs
Highlights of the latest insurance cases from around the country.

May issue in PDF format