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HTMLReplacement Cost Coverage is Not Your Friend
Daniel R. Sullivan; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
February 4, 2016, previously published on January 2016
Every business that owns or operates out of a brick and mortar location needs a commercial insurance policy for that building. This we can all agree on. But what happens when the insurance policy will pay out only after the policy holder replaces the destroyed property? What happens if the...

 

HTMLOklahoma Bill Mandates Market Survey of Shops
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 2, 2016, previously published on February 1, 2016
The Oklahoma legislature is considering a bill requiring insurers to conduct an annual market survey of motor vehicle repair and glass repair shop collision repair facilities. The survey would request information from repair shops on topics such as labor and material cost averages. Insurers would...

 

Adobe PDF‘Til Death Do Us Part: Avoiding Pitfalls Associated with Life Insurance Provisions in Family Law Matters
Jan L. Bernstein, Thomas S. Novak; Sills Cummis & Gross P.C.;
Legal Alert/Article
February 2, 2016, previously published on January 2016
A well drafted Matrimonial Settlement Agreement will contain language addressing appropriate security in case of death for all of the financial obligations included in the Agreement. These provisions often are focused on life insurance and can be complex. Without the right language, the security...

 

HTMLParty Claims Coverage as Additional Insured Based on Oral Agreement with Primary Insured ... and Just May Get It!
Robert B. Hawk; Carlock, Copeland & Stair, LLP;
Legal Alert/Article
February 1, 2016, previously published on January 19, 2016
Will an oral agreement by your insured be enough to create coverage for a third party? The Seventh Circuit Court of Appeals says yes - in the right circumstances.

 

HTMLFirst Circuit Souter Grant Coverage Despite Exclusion
Nicholas C. C. Stewart; Carlock, Copeland & Stair, LLP;
Legal Alert/Article
February 1, 2016, previously published on January 22, 2016
Former Associate Justice of the Supreme Court David Souter returned to his First Circuit roots and participated in an August 2015 ruling declining to uphold a policy exclusion where the injured person was employed by a contractor with no written contractual relationship to the insured. The...

 

HTMLOntario Court Confirms Contractor’s Duty to Defend a Municipality in Personal Injury Claims
George R. Wray; Borden Ladner Gervais LLP;
Legal Alert/Article
January 29, 2016, previously published on January 19, 2016
The Ontario Court of Appeal closed out 2015 with its decision in Carneiro et al and Regional Municipality of Durham et al and Zurich Insurance Company Ltd., providing important analysis of a winter maintenance contractor's duty to defend a municipality in personal injury claims arising from wintery...

 

HTMLInsurance Proceeds - Does Article 9 Perfection Protect You?
James J. Niemeier; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
January 29, 2016, previously published on First Quarter 2016
Lenders routinely describe a security interest in proceeds, “including insurance proceeds” as part of the collateral description in their security agreements, believing that this description plus the filing of a UCC-1 financing statement will perfect their security interest in such...

 

HTMLNo “Near Miss” on Offers to Settle Timing, But Discretion on Costs Rests With Trial Judge
Natalie Salafia; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 20, 2016
There is no "near miss" allowed on the timing of offers to settle under Rule 49.10 of the Rules of Civil Procedure, but residual discretion always rests with the trial judge in awarding costs, as the Court of Appeal confirmed in its recent judgment in König v Hobza.

 

HTMLPrice Optimization Remains Key Focus of Regulators
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 28, 2016, previously published on January 27, 2016
2015 was an active year for price optimization among regulators, as nearly one-third of states issued guidance to P&C insurers on the practice. (Within the last two months alone, Connecticut, Missouri, and Alaska have issued bulletins on price optimization.) The National Association of Insurance...

 

HTMLHow Insurance Companies Minimize Claims
Wilshire Law Firm;
Legal Alert/Article
January 28, 2016, previously published on January 26, 2016
If you have been in an accident that requires you to file a claim with your insurance company, be prepared for some resistance. Insurance companies are businesses first and foremost. And as it is with all other businesses, their number one priority is profit. Learn about nine of the most common...

 


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