Guest Blog Archives

23 02, 2023

Construction Worker Under a Collective Bargaining Agreement? No PAGA Claims for You!
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Construction Worker Under a Collective Bargaining Agreement? No PAGA Claims for You!

@PLUS, EPLI, Guest Blog, PL Insurance

Construction Worker Under a Collective Bargaining Agreement? No PAGA Claims for You!

By PLUS|2023-02-23T09:07:39-06:00February 23, 2023|@PLUS, EPLI, Guest Blog, PL Insurance|0 Comments

Though attempts to contractually waive an employee's right to sue pursuant to the California Labor Code Private Attorneys General Act (PAGA) typically fail in court, a narrow, but important exception to this rule are collective bargaining agreements involving construction workers. In Oswald v. Murray Plumbing & Heating Corp., No.B312736, 2022 Cal. App. Lexis 752 (Ct. App. Sep. 2, 2022). the Court of Appeal found that because the collective bargaining agreement at issue addressed wage and hour provisions, working conditions, and grievance procedures, and specifically mandated arbitration of disputes regarding Labor Code violations, the denial of the plaintiff's right to sue [...]

Financial Fraud: How to Spot the Warning Signs and Prevent Losses

By PLUS|2022-08-22T08:47:58-05:00August 22, 2022|@PLUS, Guest Blog, PL Insurance|0 Comments

Laura Hawkins is an attorney and independent adjuster with over a decade of insurance industry experience. As Claims Counsel at At-Bay, Laura works with insureds to investigate and manage data breach and network security intrusions, mitigate liability and exposure on cyber claims, and handle complex tech E&O and media liability claims. She also manages a portfolio of professional liability matters, handling claims from submission and coverage analysis through litigation and resolution. Financial fraud can take many forms, but one thing is for certain: Americans are being deceived at an alarming rate and at a significant cost. More than 2.8 million [...]

Waiver of Late Notice Defense in New York: Cementing the Difference Between Occurrence, Claims-Made, and Claims-Made-and-Reported Policies

By PLUS|2022-07-25T09:08:16-05:00July 27, 2022|@PLUS, Events, Guest Blog|0 Comments

Chiara Tondi Resta is an associate at Wiley Rein LLP in Washington, D.C. where she is a part of the firm’s Insurance Group. She represents insurers in connection with coverage issues and disputes arising under various types of insurance policies, including General Liability, Directors & Officers, Professional Liability, and Cyber insurance policies. She advises on the applicability of various policy exclusions and conditions, and represents insurers in coverage litigation on those issues. Chiara earned her law degree from the University of Virginia School of Law. The Southern District of New York recently held that an insurer’s late-reporting defense is not [...]