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|Insurance Industry Sweeps Retained Asset Account Doubleheader|
Frederick R. Bellamy, Thomas R. Bundy, Nicholas T. Christakos, Thomas W. Curvin, Ellen M. Dunn; Sutherland Asbill & Brennan LLP;
September 1, 2014, previously published on August 28, 2014On August 26, the U.S. Court of Appeals for the First Circuit held in Vander Luitgaren v. Sun Life Ass. Co. of Canada, No. 13¿2090, 2014 WL 4197947 (1st Cir. Aug. 26, 2014), that an insurer, acting as a claims administrator, properly discharges its duties under the Employee Retirement Income...
|China Issues Policies on Further Development of the Insurance Industry|
Zhen Han, Jing Ye; Johnson Stokes & Master Mayer Brown JSM;
September 1, 2014, previously published on August 27, 2014The State Council of the People’s Republic of China has issued Several Opinions on Accelerating the Development of the Modern Insurance Industry (“2014 Insurance Opinions”), effective from 10 August 2014.
|Court Denies Insurers Motions to Preclude Expert Testimony, Bifurcate the Trial and for Summary Judgment Where Insurer Required 3 IMES which Reached Inconsistent Results (Middle District)|
Fineman Krekstein Harris P.C.;
September 1, 2014, previously published on August 15, 2014In Monaghan v. Travelers Prop. Cas. Co. of Am., the Court, in three separate opinions, addressed the issues of the adequate burden of proof in bad faith claims, admissibility of expert testimony, and proper bifurcation of trial. The Court found that the pleading standards were met, that expert...
|Failure to Follow Investigative and Claims Handling Standards in Insurer’s Own Manual, Adjuster’s Failure to Consult with Others and Go beyond Her Own Conclusions, and Failure to Conduct IME Defeat Motion to Deny Bad Faith Claim (Western District)|
Fineman Krekstein Harris P.C.;
September 1, 2014, previously published on August 20, 2014Mineo v. Geico involved a UIM claim. The insured was a Vietnam War Veteran who had suffered significant combat injuries during the War. Years later he was in a motor vehicle accident and suffered a shoulder injury. After the accident, there was some record that he suffered a further shoulder...
|NAIC Ride and Car-Sharing Presentations From 2014 Summer National Meeting Special Forum|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
August 29, 2014, previously published on August 26, 2014Issues surrounding commercial ride-sharing and car-sharing activities conducted by transportation network companies ("TNCs") were the focus of a special event held on August 16 by the National Association of Insurance Commissioners' ("NAIC") Center for Insurance Policy and...
|Precedent Setting Case: Standard Exclusion in Course of Construction Insurance Policy Interpreted for First Time|
Lauren Kristjanson, Grant H. Mayovsky, David Miachika, Christopher J. O'Connor; Borden Ladner Gervais LLP;
August 29, 2014, previously published on August 25, 2014Acciona Infrastructure Canada Inc.v. Allianz Global Risks US Insurance Company, 2014 BCSC 1568 ¿ Builders Risk (Course of Construction) Policy; LEG2/96 Defects Exclusion Interpreted; Fortuity and Damage Requirements Clarified
|Cancelling Life Insurance Policies: Instruction on Cancellation Is Decisive|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
August 29, 2014, previously published on August 28, 2014Whether a life insurance policy can still be cancelled years later depends to a large extent on whether the policyholder’s possibilities of cancellation were properly explained to him.
|No Workers' Comp Immunity! No Insurance! Sure Is a Problem|
Gregory D. Snell; Foley & Lardner LLP;
August 28, 2014, previously published on August 25, 2014In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a “no fault” basis, the employee generally forfeits the right to bring civil suit (subject to limited...
|For Whom the Ring Tones: TCPA Litigation and the Insurance Industry|
Thomas M. Byrne, Thomas W. Curvin, Ellen M. Dunn, Juan C. Garcia, Cheryl L. Haas; Sutherland Asbill & Brennan LLP;
August 28, 2014, previously published on August 25, 2014Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated telephone dialing system—or that has independent or...
|Insurance In Brazil: A Reinsurance Perspective|
Jason Reeves, Jose Umbert; Zelle Hofmann Voelbel & Mason LLP;
August 28, 2014, previously published on August 14, 2014Brazil, the largest South American economy, has been an important market for international insurers and reinsurers for many years. At the same time, Brazil presents major property risks for underwriters. Companies covering first-party risks in the country, and particularly international reinsurers...