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HTMLIllinois Discovery Rule - Onus on the Insured to Know the Terms and Liability Limits of their Policy
Gabriel R. Judd; Johnson & Bell, Ltd.;
Legal Alert/Article
July 29, 2014, previously published on July 2014
The discovery rule is an equitable exception that tolls the statute of limitations period until the plaintiff discovers, or has reason to discover, the cause of action. Knox College v. Celotex Corp., 88 Ill. 2d 407 (1981). In cases applying the discovery rule, courts hold that the statute of...

 

HTMLNo Bad Faith Claim Stated Where Court Found No Duty to Pay Benefits; And Further Found that the Complaint Did Not Allege Sufficient Facts to Make Out A Bad Faith Claim Even Had it Ruled Otherwise on Coverage (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 29, 2014, previously published on July 28, 2014
In Hackbarth v. Nationwide Mutual Insurance Company, the insured fell while attempting to enter his car. The court found that ice caused the fall, and the vehicle was not an instrumentality of the injury. Thus, there was no coverage. Thus, it dismissed the insured’s breach of contract...

 

Adobe PDFCertain Environmental Cleanup Costs May Not Be Covered by Insurance Where Administrative Orders Were Not “Adversarial” or “Coercive” Enough
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
Here is a huge generality, but it’s mostly true. Environmental groups usually support the issue of environmental justice and they are mostly unimpressed with any smokestack industry attempt to follow various environmental rules. However, in the case of carbon trading, at least here in...

 

HTMLDelaware Surplus Lines Insurance Brokers and Producers Must Use Updated Statement of Diligent Effort Form (SL-1923) Reflecting Notarization
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
Delaware Insurance Commissioner Karen Weldin Stewart issued Surplus Lines Bulletin No. 13 on June 30, 2014 to address the addition of a notary signature form to the current Statement of Diligent Effort (Form SL-1923 or "Form"). The addition was made after it had been determined that...

 

HTMLInsured Adequately Alleged Bad Faith Claims By Pleading Specific Facts Concerning Delays in the Claims Handling Process, a Lack of Communication, And Discrepancy between the Alleged Injury and Settlement Sum Offered (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
In Padilla v. State Farm Mutual Automobile Insurance Company, the plaintiff brought a breach of contract and bad faith claim based on UIM coverage. The insurer took an examination under oath, had a medical examination done, and referred the case to counsel. The plaintiff alleged that the defendant...

 

HTMLNCOIL Says State-Based Insurance Regulation Has Been Successful; Legislators Should Participate In International Dialogue
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
In letters addressed to federal and international officials, National Conference of Insurance Legislators ("NCOIL") President and New York Senator Neil Breslin, who also chairs the NCOIL International Issues Task Force, again stressed the success of state-based regulation and the need for...

 

HTMLNova Scotia Supreme Court Awards $500,000 in Punitive Damages in Ltd Case
Stewart McKelvey;
Legal Alert/Article
July 26, 2014, previously published on July 9, 2014
In Industrial Alliance Insurance and Financial Services Inc. v. Brine, 2014 NSSC 219, National Life (and later its successor Industrial Alliance) alleged Brine had received undisclosed CPP and Superannuation disability benefits resulting in a substantial overpayment of $99,506.64. Brine had also...

 

HTMLFlorida Office of Insurance Regulation Issues Orders Terminating Certain Florida Hurricane Catastrophe Fund Emergency Assessments
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 25, 2014, previously published on July 22, 2014
The Florida Office of Insurance Regulation ("OIR") advised today, July 22, 2014, that it has issued Orders to insurance companies terminating a 1.3 percent Florida Hurricane Catastrophe Fund ("FHCF") emergency assessment on most property insurance policies. The assessment,...

 

HTMLMaryland Court of Appeals Establishes a Two-Part Test for Business Pursuits Exclusion
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 24, 2014, previously published on July 2014
Maryland adopted a two-part test for determining when insurers should apply a business pursuits exclusion in a homeowner’s policy for business activities. The Maryland Court of Appeals joined the Third Circuit and high courts of several other states, including Kansas, Arizona, and Montana, in...

 

HTMLRequired Summer Reading: Guidance Issued on the Tax Treatment of Guaranteed Minimum Benefit Hedges and Identified Mixed Straddles
Dennis L. Allen, Thomas A. Gick, Jerome B. Libin, Jeffrey H. Mace, Michael R. Miles; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 23, 2014
Treasury and the IRS offered two pieces of highly anticipated guidance on July 18 that are particularly relevant to the life insurance industry.

 


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