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HTMLFERC Allows Non-Public Information Sharing between Gas Pipelines, Electric Utilities
Peter S. Glaser, Kevin C. Greene, Daniel L. Larcamp, Clifford S. Sikora, Lara L. Skidmore; Troutman Sanders LLP;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
On November 15, 2013, FERC issued Order No. 787, authorizing interstate natural gas pipelines and electric transmission operators to voluntarily share non-public, operational information with each other to promote grid reliability and operational planning. In doing so, FERC stated that...

 

HTMLCalifornia Supreme Court Finds that Violations of the Unfair Insurance Practices Act Can Form the Basis of a UCL Claim
Troutman Sanders LLP;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
In Zhang v. Superior Court, the California Supreme Court held that although only the Insurance Commissioner has the authority to prosecute direct claims against an insurer for violations of California’s Unfair Insurance Practices Act (“UIPA”) (Ins. Code § 790.03(h)), a...

 

HTMLExcess Carrier Could Not Seek Reimbursement from the Primary Insurer Based On Its Rejection of a Claimant’s Settlement Offer Within Its Primary Limits Because There Was Not a Final Excess Judgment
Troutman Sanders LLP;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
In RSUI Indemnity Co. v. Discover P&C Insurance Co, the primary insurer issued the insured a commercial automobile liability policy with a $1 million limit per-occurrence and in the aggregate, while an excess insurer issued the insured a policy with an additional $4 million in coverage. The insured...

 

HTMLCarrier Held to Have No Duty to Defend Lawsuit Involving a Negligence Claim Because That Count Was “Inseparably Intertwined” With a Claim for Non-Covered, Intentional Conduct
Troutman Sanders LLP;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
Rizzo v. Insurance Co. of the State of Pennsylvania involved several underlying lawsuits against Richard Rizzo based on his allegedly fraudulent and self-interested acts while serving as an administrator for the City of Bell, California. During his time in office, Rizzo was alleged to have, among...

 

HTMLNo Coverage for Policyholder for a Plaintiff’s Attorneys’ Fees Where the Lawsuit Did Not Allege a “Wrongful Act”
Troutman Sanders LLP;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
In Screen Actors Guild v. Federal Insurance Co., the district court held that the D&O insurer for the Screen Actors Guild (“SAG”) was not obligated to reimburse an attorneys’ fee award and class plaintiff’s enhancement award because the amounts owed by SAG in the underlying...

 

HTMLInsurer Has No Duty to Pay for Independent Counsel and May Reassert Its Right to Control the Defense When the Insurer Withdraws the Reservation of Rights Triggering the Insured’s Right to Independent Counsel
Troutman Sanders LLP;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
Swanson v. State Farm General Insurance Co. presented an issue of first impression regarding whether an insurer has a duty to provide an insured with independent counsel, pursuant to California Civil Code section 2860 (“Section 2860”), after the insurer withdraws its reservation of...

 

HTMLInsurer Could Not Move Forward with a Declaratory Relief Action Against Its Insured When The Same Issues Would be Adjudicated in the Underlying Action
Troutman Sanders LLP;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
Allied Property & Casualty Insurance Co. v. Roberts considered the issue of whether an insurer may move forward with a declaratory relief action against its insured when the same issues will be adjudicated in the underlying action. The coverage dispute in Roberts arose from an underlying tort...

 

HTMLCalifornia Court of Appeal Clarifies Law on a Carrier’s Duty to Settle
Troutman Sanders LLP;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
On October 7, 2013, the California Court of Appeal made its most recent pronouncement regarding California law on a carrier’s duty to settle in Reid v. Mercury Insurance Co., 2013 Cal. App. LEXIS 798 (Oct. 7, 2013). The Reid court held that, as a general matter, even if the insured’s...

 

HTMLDC Circuit Orders DOE to Stop Collecting Fees for Disposal of Nuclear Waste Pending Revised Storage Plan
Peter S. Glaser, Kevin C. Greene, Daniel L. Larcamp, Clifford S. Sikora, Lara L. Skidmore; Troutman Sanders LLP;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
On Tuesday, November 19, 2013, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) held that the Secretary of Energy (“Secretary”) again failed to perform a valid evaluation of annual fees collected from generators for disposal of nuclear...

 

HTMLInsurer’s Reservation of Rights Does Not Entitle Insured to Independent Counsel Absent an Actual Conflict of Interest
Troutman Sanders LLP;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
In Federal Insurance Co. v. MBL, Inc., the Sixth Appellate District held that a third-party defendant-insured in an environmental contamination action was not entitled to independent counsel because the insured failed to establish any conflict of interest as a result of its liability...

 


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