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 | "Catch-All" Language in Denial Letter Preserves Insurer's Defense in Pennsylvania State Court Action Kirk Zapp; Clausen Miller PC; Legal Alert/Article November 28, 2009, previously published on November 2008 In 1804-14 Green Street Assoc., L.P., v. Erie Ins. Exchange, No. 1763, 2008 Phila. Ct. Com. Pl. LEXIS 196, (Pa. C.P. Philadelphia County Aug. 21, 2008), a Pennsylvania state trial court judge held that an insurer in a first-party property coverage dispute did not waive the right to raise a policy... |
 | NAIC Adopts Reinsurance Regulatory Modernization Framework
Shearman & Sterling LLP; Legal Alert/Article November 28, 2009, previously published on December 31, 2008 On December 8, 2008, the National Association of Insurance Commissioners ("NAIC") announced the adoption of its Reinsurance Regulatory Modernization Framework proposal, a significant step towards reforming reinsurance regulation. |
| Contaminated Bread Claims Do Not Rise To Coverage: Georgia Court Of Appeals Applies Exclusion M Joseph F. Bermudez, Jason Melichar, Suzanne M. Meintzer; Cozen O'Connor, [incorporation phrase format]A Professional Corporation; Legal Alert/Article November 28, 2009, previously published on November 20, 2008 The Georgia Court of Appeals recently upheld an insurer's denial of coverage for claims related to use of contaminated bread through application of Exclusion m, the impaired property exclusion. |
| Revised ACAS Code of Practice Approved Robin Jeffcott, Laurence Rees, Ranjit Dhindsa, Tom Ince; Reed Smith LLP; Legal Alert/Article November 28, 2009, previously published on November 2008 The Secretary of State has approved the new draft ACAS Code of Practice on discipline and grievances following public consultation. |
| Texas Appellate Court Affirms Jury Verdict Award of Mental Anguish Damages against First-Party Insurer Mindy M. Medley; Clausen Miller PC; Legal Alert/Article November 28, 2009, previously published on November 2008 In State Farm Lloyds v. Hamilton, 2008 WL 3984045 (Tex. App. Dallas), a Texas appellate court affirmed a jury verdict finding State Farm liable for breach of contract, cost of repair damages, extra-contractual violations, and mental anguish damages after State Farm denied the insureds' claim for... |
| EU Temporary Workers' Directive Approved by European Parliament Robin Jeffcott, Laurence Rees, Ranjit Dhindsa, Thomas Ince; Reed Smith LLP; Legal Alert/Article November 28, 2009, previously published on November 2008 After many years of political wrangling, the European Parliament has finally approved a Directive giving new rights to temporary agency workers. |
| Pennsylvania Supreme Court Grants Oral Argument in Key Software Case Michael A. Jacobs, Lee A. Zoeller; Reed Smith LLP; Legal Alert/Article November 28, 2009, previously published on November 2008 The Pennsylvania Supreme Court has granted oral argument in our closely-watched case that could determine whether software is tangible personal property subject to Pennsylvania sales and use tax. |
| Texas Supreme Court Adopts the "Actual Injury" Trigger For Construction Defect Claims Lisa J. Smuckler, Amy Rich Paulus; Clausen Miller PC; Legal Alert/Article November 28, 2009, previously published on November 2008 In Don's Building Supply, Inc. v. OneBeacon Ins. Co., 2008 WL 3991187 (Tex., August 29, 2008) ("DBS"), the Texas Supreme Court adopted the "actual injury" trigger of coverage to find that an insurer had a duty to defend under an occurrence-based commercial general liability... |
| SEC Proposes Roadmap for Mandatory Use of IFRS by U.S. Public Companies Elizabeth Carroll Southern; Womble Carlyle Sandridge & Rice, PLLC; Legal Alert/Article November 28, 2009, previously published on November 25, 2008 The Securities and Exchange Commission (the "SEC") earlier this month published a proposed "roadmap" for the potential future use by U.S. issuers of financial statements prepared in accordance with International Financial Reporting Standards ("IFRS") in their SEC... |
| Liability Insurers and Self-insurers Face Mandatory Medicare Reporting on July 1, 2009 David W. Walulik, Greg E. Mitchell, Charles S. Cassis, Walter E. Haggerty; Frost Brown Todd LLC; Legal Alert/Article November 28, 2009, previously published on March 17, 2009 Beginning July 1, 2009, liability insurers will be subject to mandatory reporting under the Medicare, Medicaid, and SCHIP Extension Act of 2007, 42 U.S.C. 1395y(b)(8). |
