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HTMLNotice of Claim Sufficient to Exclude Coverage from Retroactive Professional Insurance Policy.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
June 24, 2015, previously published on June 2015
On November 26, 2011, Kortney Jackson, a mentally disabled autistic adult, was burned severely while in the care of Antiniece Middleton, an employee/independent contractor of Community Direct Services, Inc. (“CDS”). Shortly thereafter, Carolyn Jackson, as mother, guardian and next...

 

HTMLFlorida Governor Rick Scott Signs, Vetoes Insurance-Related Bills on June 16, 2015
Colodny Fass P.A.;
Legal Alert/Article
June 24, 2015, previously published on June 17, 2015
HB 87 relating to Construction Defect Claims by State Representative John Wood revises the construction defect claim process.

 

HTMLTexas Department of Insurance Adopts NAIC Risk-Based Capital Formulas, Instructions
Colodny Fass P.A.;
Legal Alert/Article
June 24, 2015, previously published on June 19, 2015
The Texas Department of Insurance ("TDI") advised yesterday, June 18, 2015, that it has adopted amendments to 28 Texas Administrative Code §7.402 concerning risk-based capital ("RBC") and surplus requirements for insurers and health maintenance organizations...

 

HTMLClaiming Litigation Privilege Before a Lawsuit Starts
Daniel W. Barber; Singleton Urquhart LLP;
Legal Alert/Article
June 23, 2015, previously published on June 19, 2015
In the early stages of handling an insurance claim, an adjuster always wants to discover as much as possible about it. If a claim arouses any doubts about its veracity, the adjuster will often engage an outside investigator to undertake a more detailed investigation.

 

HTMLThe Top Five Mistakes in Complex Litigation Work Flow: A Primer (Reminder) for Lead (and other) Paralegals
Marc A. Manos; Nexsen Pruet, LLC;
Legal Alert/Article
June 23, 2015, previously published on June 8, 2015
Nexsen Pruet member (partner) Marcus A. Manos recently conducted a refresher for paralegals at the firm. Entitled "A Primer (Reminder) for Lead (and other) Paralegals," Manos took veterans and newer hires through each step of the firm's work flow. To begin the training session, he focused...

 

HTMLCourt of Appeal Clarifies Evidentiary Requirements for Establishing the Threshold: Gyorffy v. Drury, 2015 ONCA 31
George R. Wray; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2015, previously published on June 15, 2015
The Ontario Court of Appeal recently unanimously held that a plaintiff’s own testimony can be the corroborating evidence required to establish that he or she met the statutory threshold to recover non-pecuniary damages in claims arising from motor vehicle accidents.

 

HTMLLouisiana Department of Insurance Advises on Producer Compensation and Enforcement
Colodny Fass P.A.;
Legal Alert/Article
June 22, 2015, previously published on June 16, 2015
Lousiana Insurance Commissioner Jim Donelon recently advised all insurers, insurance issuers, health maintenance organizations and all producers licensed to do business in Louisiana of the manner in which the Louisiana Department of Insurance ("LDI") addresses and shall enforce various...

 

HTMLManaging General Agents, Surplus Lines Agents Would Be Subject to Florida Insurance Agent Penalty Guidelines Under Proposed Rule
Colodny Fass P.A.;
Legal Alert/Article
June 22, 2015, previously published on June 11, 2015
Managing general agents and surplus lines agents would be subject to penalty guidelines applicable to insurance agents, representatives and others under revisions proposed to Rule 69B-231.020 by the Florida Division of Insurance Agents and Agency Services ("Division"), it was announced...

 

HTMLAdditional Changes Posted for Florida Reinsurance Collateral Rules In Advance of June 23 Final Adoption Hearing
Colodny Fass P.A.;
Legal Alert/Article
June 22, 2015, previously published on June 16, 2015
Substantive changes have been posted for proposed Rules relating to reinsurance collateral in advance of a June 23, 2015 final public hearing on their adoption by the Florida Office of Insurance Regulation ("OIR" or "Office") as approved by the Florida Financial Services...

 

HTMLKentucky Federal Court Sustains Hospital Insurer’s Denial of Claim Due to Untimely Notice, Declines to Require Insurer Show Prejudice
Edward M. O'Brien, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 22, 2015, previously published on June 8, 2015
The U.S. District Court for the Eastern District of Kentucky recently held that an insurer properly denied coverage to a hospital because the hospital gave untimely notice of the claim. In Ashland Hospital Corporation v. RLI Insurance Company, Civil Action No. 13-143-DLB-EBA (E.D. Ky. Mar. 17,...

 


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