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|Texas Department of Insurance Adopts NAIC Risk-Based Capital Formulas, Instructions|
Colodny Fass P.A.;
June 24, 2015, previously published on June 19, 2015The 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...
|Notice of Claim Sufficient to Exclude Coverage from Retroactive Professional Insurance Policy.|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
June 24, 2015, previously published on June 2015On 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...
|IRS Issues Guidance on Portability|
Bruce A. Rawls; Burr & Forman LLP;
June 24, 2015, previously published on June 2015Last week the IRS issued final regulations that provide guidance on the federal estate and gift tax applicable exclusion amount, in general, as well as the requirements for making a "portability" election.
|The Top Five Mistakes in Complex Litigation Work Flow: A Primer (Reminder) for Lead (and other) Paralegals|
Marc A. Manos; Nexsen Pruet, LLC;
June 23, 2015, previously published on June 8, 2015Nexsen 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...
|Court of Appeal Clarifies Evidentiary Requirements for Establishing the Threshold: Gyorffy v. Drury, 2015 ONCA 31|
George R. Wray; Borden Ladner Gervais LLP;
June 23, 2015, previously published on June 15, 2015The 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.
|Claiming Litigation Privilege Before a Lawsuit Starts|
Daniel W. Barber; Singleton Urquhart LLP;
June 23, 2015, previously published on June 19, 2015In 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.
|CLIENT ALERT: New Florida Federal Court Decision Exposes Construction Insurance Gap|
Brian A. Wolf; Smith, Currie & Hancock LLP;
June 22, 2015, previously published on June 8, 2015Your insurance policy may not cover the costs of an expensive Chapter 558 construction defect process. Florida's construction defect statute, Chapter 558, requires an owner to notify contractors of all alleged construction defects. After the notice is sent, the contractor notifies all of the trade...
|Property and Casualty, Motor Vehicle Policy Bills Among Those Signed by Florida Governor Rick Scott on June 11, 2015|
Colodny Fass P.A.;
June 22, 2015, previously published on June 12, 2015Effective July 1, 2015, HB 165 makes the following changes to Florida statutes relating to property and casualty insurance.
|Louisiana Department of Insurance Advises on Producer Compensation and Enforcement|
Colodny Fass P.A.;
June 22, 2015, previously published on June 16, 2015Lousiana 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...
|Kentucky 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;
June 22, 2015, previously published on June 8, 2015The 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,...