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HTMLUpdate on Cybersecurity Issues - New York Section 308 Letter & NAIC Spring National Meeting
Ellen M. Dunn, Daniel E. Frank, Mark D. Herlach, John S. Pruitt, Stephen E. Roth; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 6, 2015, previously published on April 2, 2015
Cybersecurity continues to be an emerging regulatory issue in the insurance industry, as evidenced by recent actions taken by the New York Department of Financial Services (the “DFS”) and the National Association of Insurance Commissioners (the “NAIC”). Specifically, in a...

 

HTMLUnderstanding “Fines and Penalties Coverage” Under Cyber Insurance
John E. Iole; Jones Day;
Legal Alert/Article
April 6, 2015, previously published on February 26, 2015
A wide variety of regulatory authorities, both public and private, assert jurisdiction over some aspect of data privacy, data security, and network vulnerability. Here, we address some of the common issues that arise in the context of fines and penalties imposed by governmental authorities as a...

 

HTMLCompeting Claims Challenges And The Right To Recover
Kaisa Adams, Patricia St. Peter; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 6, 2015, previously published by Insurance Law360 on January 6, 2015
Your insured is sued, along with several other additional or named insureds. You receive a policy limits demand that is reasonable, but the limit is insufficient to settle all claims against all of the defendants. What do you do? Who gets the money? Is interpleader the answer?

 

HTMLFlorida Commission on Hurricane Loss Projection Methodology's Flood Standards Development Committee Day-Long Meeting Tomorrow--March 31, 2015
Colodny Fass P.A.;
Legal Alert/Article
April 6, 2015, previously published on March 30, 2015
A day-long meeting of the Florida Commission on Hurricane Loss Projection Methodology's Flood Standards Development Committee is scheduled for tomorrow, March 31, 2015 from 9 a.m. to 4 p.m. (ET). A portion of the agenda is reserved for public comment.

 

HTMLFracking Bans Don't Trigger Civil Authority Coverage
James Holbrook, Shannon M. O'Malley; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 6, 2015, previously published by Texas Law360 on January 7, 2015
On Nov. 4, 2014, voters in Denton, Texas, which is home to more than 270 natural gas wells, approved a ballot initiative banning all hydraulic fracturing within the city’s limits. The Denton ban, which took effect on Dec. 2, 2014, made Denton the first major city in Texas to permanently...

 

HTML5th Circ. Highlights Importance Of Claim Investigation
Kristin Cummings; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 6, 2015, previously published by Texas Law360 on January 9, 2015
Any insurance lawyer practicing in Texas knows that in order to show an insurance company has breached its duty of good faith and fair dealing to its insured, the insured must show “there is no reasonable basis for denial of a claim or delay in payment or a failure on the part of the insurer...

 

HTMLDietz & Watson Part I: Statutory Mediation Privilege Applies To Mediations In Underlying Tort Action Where Discovery Is Sought For Subsequent Bad Faith Case; Mediation Privilege Applies To Non-Lawyer Insurer Representatives; And Court Instructs Insurer To Provide A More Detailed Privilege Log For Documents Outside The Mediation Privilege Where The Insurer Seeks To Assert The Attorney Client Privilege Or Work Product Doctrine (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 30, 2015
In Dietz & Watson v. Liberty Mutual Insurance Company, Magistrate Judge Rueter addressed numerous discovery issues in the context of third party insurance bad faith litigation. The insurer asserted that documents the insured sought were protected by the mediation privilege and/or the...

 

HTML'Loss' in Translation: Insurers Beware
Jason Reeves, Jose Umbert; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Insurance Law360 on February 19, 2015
Some terms frequently found in (re)insurance contracts and statutes have different meanings in common law, English-speaking jurisdictions than they do in civil law, Spanish-speaking countries. It is critical for (re)insurers providing coverage for risks in Latin American jurisdictions, either by...

 

HTMLInsured’s Bad Faith Claim Could Not Be Dismissed Solely On Basis That Examination Under Oath Had Not Occurred Prior To Filing Suit, Under The Circumstances Of This Case (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 16, 2015
In Johnson v. State Farm Mutual Automobile Insurance Company, the insured wife was hit by an underinsured motorist while jogging. The insureds’ own UIM limits were $250,000. The injuries were diagnosed as serious and she sought policy limits.

 

HTMLERISA Preemption Defense Sufficient To Set Aside Default on State Law Claims (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 10, 2015
In Davis v. Metro. Life Ins. Co., the insured brought claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and bad faith under the Pennsylvania Unfair Insurance Practices Act (“UIPA”), 40 Pa. Cons. Stat. § 1171.1 et seq., pursuant to 42 Pa....

 


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