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HTMLCourt Confirms the Limited Duty of an Insurance Broker to Procure Only Coverage Requested by the Insured
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 11, 2013, previously published on November 8, 2013
Recently, in San Diego Assemblers v. Work Comp for Less Insurance Services, Inc. (October 4, 2013, CA Court of Appeal, Fourth Appellate District), the court upheld the granting of summary judgment on behalf of a broker on the grounds that it breached no legal duty to its client. The court rejected...

 

HTMLNew Rules Proposed by PCAOB Include Sweeping Changes for Audit Reports
Peter J. Larkin, Eliza M. Scheibel; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 11, 2013, previously published on November 11, 2013
After several years of proposals and feedback from stakeholders, on August 13, 2013, the Public Company Accounting Oversight Board (PCAOB) proposed sweeping changes to the standard audit report in two new auditing standards:

 

HTMLA Superstorm Sandy Retrospective: How the Actions of New York Regulators May Shape Responses to Future Natural Disasters
Sandy M. McDermott, Carl J. Pernicone, Frederick J. Pomerantz, Stacey B. Rowland; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 5, 2013, previously published on November 1, 2013
A year after Superstorm Sandy came ashore, the New York Department of Financial Services (Department) issued Circular Letter No 8 of 2013 to inform New York licensed property/casualty insurers of the regulatory standards they should expect to encounter the next time a federal or state disaster...

 

HTML“Savings Clause” Still Threatens ERISA Plan Limitations
Laura E. Fannon, Adrienne C. Publicover; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 4, 2013, previously published on October 30, 2013
In Kentucky Association of Health Plans v. Miller, 538 U.S. 329 (2003), the United States Supreme Court restructured the ERISA preemption analysis and reaffirmed the holding in Unum Life Ins. Co. v. Ward, 526 U.S. 358 (1999), that California’s notice-prejudice rule was saved from preemption....

 

HTMLChange in Illinois Code of Civil Procedure Results in Strict Payment Deadlines for Settling Defendants
Loren S. Cohen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 4, 2013, previously published on October 29, 2013
On August 26, 2013, Illinois Governor Pat Quinn approved a legislative measure designed to hold settling defendants’ feet to the fire in making timely settlement payments in those cases alleging personal injury, property damage, wrongful death or tortious conduct involving a claim for money...

 

HTMLMaryland Court of Appeals Upholds the Frye-Reed “General Acceptance” Test for Admissibility of Expert Testimony
Peter W. Chin, Angela W. Russell; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 28, 2013, previously published on October 23, 2013
The Maryland Court of Appeals issued an opinion on September 24, 2013, in Josephine Chesson, et al. v. Montgomery Mutual Insurance Co., No. 97, 2013 WL 5311126, -- A.3d --- (Md. Sept. 24, 2013) (Chesson III), finding that, under Maryland’s Frye-Reed standard, where there exists continued...

 

HTMLAs the “NY State of Health” Enters Its Third Week, a Look at the Role of Navigators
Frank J. Fanshawe, Sandy M. McDermott; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 23, 2013, previously published on October 18, 2013
New York’s Health Insurance Marketplace, officially called the NY State of Health, has entered its third week of operation, and as of October 8, 2013, had enrolled 40,000 New York residents in health insurance plans offered through the Marketplace. These enrollments have taken place online,...

 

HTMLACA Not Enough to Save Penn State’s Employee Wellness Program
Frank J. Fanshawe, Sandy M. McDermott; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 14, 2013, previously published on October 9, 2013
Recent negative media reports caused Pennsylvania State University to modify its employee wellness program, making clear that considering compliance with the Patient Protection and Affordable Care Act of 2010 (ACA) alone is not enough when employers launch such programs. Penn State followed the ACA...

 

HTMLA Trap for the Unwary Advertiser
Thomas R. Manisero; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 14, 2013, previously published on October 11, 2013
For more than 30 years, Subchapter F, § 301.7216-3, of the Treasury Regulations has provided a safeguard for taxpayers over their personal information submitted to tax preparers. On January 14, 2013, the IRS issued Revenue Bulletin 2013-3 strengthening § 7216 limitations on tax preparers...

 

HTMLA “Raging Bull” in the U.S. Supreme Court
Laura A. Alos, Adam R. Bialek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 9, 2013, previously published on October 4, 2013
On October 1, 2013, the Supreme Court of the United States granted the Ninth Circuit’s petition for a writ of certiorari in Petrella v. Metro-Goldwyn-Mayer, Inc., 695 F.3d 946 (9th Cir. Cal. 2012), and will hear an appeal by the daughter of the deceased Frank Petrella, co-author of two...

 


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