SELF INSUREDS MUST PERFORM THEIR CONTRACTUAL DUTIES BEFORE THE INSURER STEPS IN: A LESSON FROM THE ELEVENTH CIRCUIT

Practice Area: Connie Shannon

SELF INSUREDS MUST PERFORM THEIR CONTRACTUAL DUTIES BEFORE THE INSURER STEPS IN: A LESSON FROM THE ELEVENTH CIRCUIT

Insurers who issue liability policies that include self-insured retentions (SIRs) have limited obligations to their insureds unless and until the damages and claim expenses exceed the SIR amount. So, what happens if the insured does nothing to defend themselves, resulting in the entry of a default judgment in an amount exceeding the SIR? Under Georgia…
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THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLISHES NEW GUIDANCE REGARDING WEARABLE TECHNOLOGIES

On December 19, 2024, the EEOC published a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” The purpose of the fact sheet is to provide guidance to employers that implement wearable technologies in the workplace. Wearable technologies are devices worn on the…
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EPA RELEASES PRELIMINARY EFFLUENT GUIDELINES PROGRAM PLAN 16 AND 2024 DRAFT PFAS HUMAN HEALTH WATER QUALITY CRITERIA

On December 16, 2024, the EPA released Preliminary Effluent Guidelines Program Plan 16 (Preliminary Plan 16). The EPA prepares Preliminary Effluent Guidelines Program Plans pursuant to Clean Water Act (CWA) section 304(m). A preliminary plan describes the EPA’s annual review of effluent guidelines and pretreatment standards consistent with CWA sections 301, 304, and 307. In…
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NEGATIVE IMPACT OF FAILURE TO ESTABLISH PROPER MEASURE OF DAMAGES IN CONSTRUCTION DEFECT LITIGATION

In Bandklayder Development, LLC v. Sabga, Plaintiffs Joseph and Dunia Sabga (“Plaintiffs”) brought an action alleging breach of contract, violation of the Florida Building Code, and breach of implied warranty of fitness against residential developer, Bandklayder Development, LLC (“Defendant”). Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275, at *1 (Fla. 3d DCA Jan….
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JUDICIAL CHALLENGE TO FINRA AUTHORITY DISMISSED BY FOURTH CIRCUIT

A panel of three judges in the Fourth Circuit in the case of Frank Black & Southeast Investments N.C., Inc. v. FINRA dismissed a constitutional challenge to FINRA’s authority to regulate and punish security brokers. The panel determined that it lacked jurisdiction to render a decision on the basis that the prior Order underlying the…
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UNDERSTANDING MISSISSIPPI’S UPDATED ARCHITECT REGULATIONS: KEY CHANGES EFFECTIVE NOVEMBER 2024

The Mississippi State Board of Architecture has significant updates to its regulations governing the practice of architecture. Adopted in May 2024 and effective as of November 9, 2024, the changes aim to modernize architectural practice, while strengthening professional oversight. The updates address licensure requirements, continuing education, practice standards, and firm registration, all of which are…
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LOUISIANA COURT OF APPEAL CLARIFIES ARCHITECTS’ LIABILITY IN PREMISES LIABILITY CLAIMS

The Louisiana Court of Appeal recently addressed the liability of architects in premises liability claims in Holleman v. Golden Nugget Lake Charles, LLC, 2024 WL 4897557 (La. App. 3 Cir. 11/27/24).  Plaintiff Martha Holleman (“Ms. Holleman”) alleged she sustained injuries after slipping on wet travertine tiles near the pool area of the Golden Nugget Casino….
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HAWAII SUPREME COURT RULES GREENHOUSE GASES ARE “POLLUTANTS” AND RESULTING PROPERTY DAMAGE FROM CLIMATE-CHANGE-RELATED EVENTS BARRED BY POLLUTION EXCLUSION

In Aloha Petroleum, Ltd. v. Nat’l Union Fire Ins. Co. of Pittsburgh, 155 Haw. 108, 557 P.3d 837 (2024), Aloha Petroleum, Ltd. sought a defense from its liability insurers for separate lawsuits brought by Hawaiian municipalities. The municipalities alleged that, as of the 1960s, the fossil fuel industry knew “its products would cause catastrophic climate…
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EPA ISSUES BAN OF TRICHLOROETHYLENE AND PERCHLOROETHYLENE

On December 9, 2024 the Environmental Protection Agency (“EPA”) finalized the bans of two chemicals, trichloroethylene (“TCE”) and perchloroethylene (“PCE”), that have been linked to risks of cancer and other severe health conditions. The ban comes as part of the EPA’s regulatory authority under the 2016 amendments to the Toxic Substances Control Act. TCE and…
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UNDERSTANDING THE DEPARTMENT OF LABOR WORKER CLASSIFICATION UPDATE

In 2024, the U.S. Department of Labor (DOL) issued a final rule to clarify how workers are classified which was aimed at distinguishing between employees and independent contractors. This clarification is poised to impact industries nationwide, redefining employer obligations and worker rights under the Fair Labor Standards Act (FLSA). Worker classification has long been a…
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