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Vermont Supreme Court Reaffirms Strict Adherence to the Economic Loss Rule – And Takes It Even Further?
Walter E. Judge Jr. 4/21/2015

I have previously reported on the Vermont Supreme Court’s strict adherence to the Economic Loss Rule (ELR), and noted that some observers might find this surprising, since the Vermont Supreme Court is generally regarded as “liberal” and sympathetic to claimants/victims/plaintiffs. Yet the Court has repeatedly denied tort-based recovery to claimants, citing the ELR. The Court’s adoption and adherence to the ELR goes back as far as 1998. view more

Vermont Superior Court Finds Coverage for Alleged Sexual Assault on Student Overseas Under Endorsement to CGL Policy Issued To School with Study Abroad Program
Walter E. Judge Jr. 3/5/2015

The Sharon Academy v. Massachusetts Bay Insurance Company, et al., Vermont Superior Court, Docket No. 442-7-13 Wncv (Feb. 25, 2015). view more

Nursing Home Staff Falsification of Records
Alan R. Jampol 2/18/2015

A frequent legal issue faced by nursing facilities is whether it had sufficient staff on hand to care for patients, and whether staff provided care as required by law. As a result, careful record keeping of patient care is necessary, and required, to ensure not only that care given is recorded, but to protect the facility from claims of negligence. view more

The Insurance Broker and Dual Agency
Marc Zimet 1/12/2015

Insurance brokers and agents know that their respective roles entail unique responsibilities and duties to their clients. Correctly defining an individual as a broker or agent is essential to determining the proper scope of representation and duties owed to the client. view more

Breaking Down Barriers in Policyholder-Insurer Disputes Over Counsel Selection and Payment
Michael Marick 10/13/2014

Corporate policyholders/insureds who have been sued share a common interest with their liability insurers—successfully defending those lawsuits. Yet insureds and insurers often disagree on the choice of defense counsel and how much the insurer must pay toward legal bills. These disputes are costly and, in most instances, can be avoided. view more

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