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HTMLFlorida Appeals Court: In First-Party Coverage Dispute, Ruling That Insurer Breached Contract Is Not Prerequisite to Insured’s Filing a Bad Faith Claim
Kenneth L. Baker; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 18, 2014, previously published on October 13, 2014
Under Florida law, must a policyholder first prevail on a breach of contract action against the insurer before a bad faith claim may be filed? No, said a majority of the Florida Fourth District Court of Appeal, en banc (the entire court, rather than just a panel of selected judges) in Cammarata v....

 

HTMLU.S. District Court Judge Bars Plaintiff’s Individual Disability Claims in Their Entirety by Application of the Doctrine of Collateral Estoppel
Salvatore A. Clemente, Maria-Louise G. Perri; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 17, 2014, previously published on October 10, 2014
In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a judge adopted the Report and Recommendation of her magistrate judge and granted an individual disability insurer summary judgment on its insured’s claims for breach of contract, breach of fiduciary duty...

 

HTMLCyber Voluntary Payment Defense Thwarted by Bank Fraud Regulation
Joseph F. Bermudez; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 17, 2014, previously published on October 9, 2014
Financial institutions are one of the entities most threatened by cyber crisis events. As data breaches and cyber threats become more inventive, the risks to financial institutions and their clients continue to grow. However, as recent studies have established, no commercial area is free from a...

 

HTMLFDA Outbreak Response Is Not a Constitutional Taking
Joseph F. Bermudez, Robert F. Roarke; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 8, 2014, previously published on October 1, 2014
Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by the U.S. Court of Federal Claims advises that compensation in such...

 

HTMLPennsylvania Magistrate Judge Recommends That Plaintiff’s Claims Be Barred in Their Entirety by Application of the Doctrine of Collateral Estoppel
Salvatore A. Clemente, Maria-Louise G. Perri; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 22, 2014
In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a Magistrate Judge issued a Report and Recommendation granting an individual disability insurer summary judgment on an insured’s claims for breach of contract, breach of fiduciary duty and statutory bad...

 

HTMLNational Transportation Safety Board Procedures to Change: Comments Due by October 14, 2014
Thomas W. Tobin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 22, 2014
If you have participated in the investigation of a major transportation calamity, you are likely familiar with the bold yellow lettering on the blue jackets of National Transportation Safety Board (NTSB) investigators. These are the folks charged with determining the probable cause of many...

 

HTMLCalifornia Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 22, 2014
In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under California’s Medical Confidentiality Act (the Act) due to the alleged...

 

HTMLNY Commercial Division Rule 9 Allows for Pre-dispute Efficiencies
Gregory W. Gilliam; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 29, 2014
Effective June 2, 2014, Rule 9 of section 202.70(g) of the Uniform Rules for the Supreme and County Courts (Rules of Practice for the Commercial Division) became New York’s latest rule evolution aimed at greater efficiency. The Commercial Division (the branch designated in New York for...

 

HTMLNYS Department of Health Developing Regulations Governing Use of Medical Marijuana for Official Launch in January 2016
Alexander L. Betke, Emily E. Whalen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 24, 2014
As one of its final acts of the 2014 legislative session, the New York State Legislature passed the “Compassionate Care Act” making New York the twenty-third state to permit the use of medical marijuana. This new law will allow doctors to prescribe marijuana in a nonsmokeable form to...

 

HTMLKentucky Court of Appeals Holds Statute of Limitations on Underinsured Motorist Claims Begins to Run Upon Denial of Claim
James M. Burd, Edward M. O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 19, 2014, previously published on September 12, 2014
In a case of first impression, a divided panel of the Kentucky Court of Appeals recently held in Hensley v. State Farm Mut. Auto. Ins. Co., 2013-CA-000006-MR (Ky. App. Aug. 15, 2014), that the statute of limitations on underinsured motorist (UIM) claims begins to run upon denial of a claim by the...

 


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