Articles by Andrew G. Simpson

Uber Can’t Force Massachusetts Crash Victim to Arbitration

Uber cannot compel a passenger seriously injured in a crash involving an Uber driver to go to arbitration over his $63 million damages claim without a trial. Citing a 2021 state high court ruling that also went against Uber, a …

Missed Deadline Costs Harvard $15M in Insurance for Admissions Policy Defense

Harvard University’s failure to notify its insurer by the policy deadline has cost it up to $15 million in insurance coverage to help it defray costs related to its ongoing defense of its affirmative action admissions program. U.S. District Judge …

Harvard, Zurich Insurance at Odds over $15M Coverage for Admissions Program Defense

Harvard University has already exhausted $25 million in insurance coverage defending its affirmative action admissions program and is in court trying to force another of its insurers to cover up to $15 million more. While the $25 million costs to …

New York Fines Health Insurer $4.5M for Data Breach that Exposed Private Data

Health insurance company EyeMed Vision Care LLC will pay a $4.5 million penalty to New York State for violations of the state’s cybersecurity regulation that officials said exposed hundreds of thousands of consumers’ personal health data, including data concerning minors. …

Court Dismisses 32 COVID-19 Business Insurance Cases Against Erie Insurance

A federal judge has dismissed 32 lawsuits over COVID-19 business interruption insurance claims against Erie Insurance, concluding the claimants failed to “plausibly plead” that they are entitled to coverage under their Erie policies. The ruling by U.S. District Judge Mark …

Judge Nixes Mars COVID-19 Insurance Bid But Leaves $1M Door Ajar

The U.S. District Court for Eastern Virginia has dismissed a complaint by petcare and food company Mars Inc. seeking insurance coverage for COVID-19-related business interruption claims. Insurer FM Global sought and won the dismissal of the complaint against the $5 …

State Appeals Court Invalidates Uber’s Hyperlinked User Arbitration Pact

An arbitration agreement buried behind a hyperlink that does not give consumers clear notice they are waiving their right to a jury trial when they agree to the company’s terms and conditions is not valid, a Pennsylvania appeals court has …

State Farm Sues Amazon to Recover Payout for Fire Damage Claim

State Farm Fire & Casualty is trying to get Amazon to reimburse it for a payment it made to cover damages to the home of one of its New York insureds. State Farm and its insured claim that the damage …

Home Modifications Required by Pa. Work Comp Law Do Not Include a New Home

Pennsylvania’s workers’ compensation law authorizes modifications to a home to accommodate an injured employee’s needs. It also may require paying for a new van for a disabled worker. However, does the law go so far as to require an employer …

NY Attorney Gets Three Years in Cash4Cases Litigation Funding Scheme

A disbarred New York lawyer was sentenced yesterday to 36 months in prison for defrauding investors in his now bankrupt litigation finance firm called Cash4Cases. According to the U.S. Attorney for the Southern District of New York, Jaeson Birnbaum previously …