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HTMLNational Flood Insurance Program Rates are Unfairly Discriminatory, Florida Insurance Commissioner Responds to Senator Brandes
G. Donovan Brown; Colodny Fass, P.A.;
Legal Alert/Article
August 18, 2015, previously published on August 17, 2015
Rates paid by National Flood Insurance Program policyholders in Florida are unfairly discriminatory, Florida Insurance Commissioner Kevin McCarty said in his August 14, 2015 response to State Senator Jeff Brandes, who is seeking the release of detailed NFIP claims and exposure data to assist...

 

Adobe PDFThe Wild West of Improper Joinder in North Texas
Jennifer L. Gibbs; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
August 18, 2015, previously published on August 17, 2015
In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be named as defendants in lawsuits arising from disputed insurance claims....

 

HTMLFlorida Hurricane Catastrophe Fund to Require Reporting of Insured Addresses by September 1, 2015
Wes Strickland; Colodny Fass, P.A.;
Legal Alert/Article
August 17, 2015, previously published on August 14, 2015
All insurers that participate in the Florida Hurricane Catastrophe Fund (the "Cat Fund") will be required to report the street addresses of their policyholders' properties as part of the annual Cat Fund data call due to be filed September 1, 2015. The addition of street-level addresses of...

 

HTMLArson of a Grow-Op Still Covered by Home Insurance Policy
Glen Krueger; Singleton Urquhart LLP;
Legal Alert/Article
August 17, 2015, previously published on August 12, 2015
Let me set the scene. RCMP raid a house finding a grow-op in the basement. Within 24 hours the house burns to the ground in a gasoline-fueled arson. The insurance company denies the claim resulting from the fire. The owner of the home litigates the denial. And he wins.

 

HTMLRevised NAIC Price Optimization White Paper Comments Due September 8, 2015
G. Donovan Brown; Colodny Fass, P.A.;
Legal Alert/Article
August 17, 2015, previously published on August 16, 2015
The National Association of Insurance Commissioners' ("NAIC's") Casualty Actuarial and Statistical Task Force met at the 2015 Summer National Meeting yesterday, August 15, 2015, during which regulators discussed substantive changes to the draft Price Optimization White Paper ("White...

 

HTMLAre Your Rights Reserved?
Margaret M. Jenks; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
On April 15, 2015, in the case of Erie Ins Exch. v. Lobenthal, 114 A.3d 832 (Pa. Super. 2015), the Pennsylvania Superior Court addressed the validity of a reservation of rights letter issued by the insurer. The Superior Court found that two separate reservation of rights letters were both...

 

HTMLOhio Precludes Insurance Coverage for Employer Intentional Torts
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
In the recent case of Hoyle v. DTJ Enterprises (In re Hoyle), 2015 U.S. Dist. LEXIS 595 (Ohio 2015), the Ohio Supreme Court effectively eliminated insurance coverage for employer intentional torts. It held that insurance policies that preclude coverage for acts committed with a deliberate intent to...

 

HTMLNow You See It! Now You Don’t! Self-Deleting Apps & Spoliation
Brad E. Haas; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
As a litigator in this world of constantly emerging technology, it can be impossible to predict what the future may hold. Imagine handling a case in which an opposing party has admitted to sending hundreds of relevant pictures, emails and text messages, all of which have since been deleted, not...

 

HTMLLimiting or Disposing of Insurance Claims and Lawsuits by Utilizing Bankruptcy Records and the Doctrine of Judicial Estoppel
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
Judicial estoppel precludes a party from assuming inconsistent positions in separate legal actions. If a party takes one position in a prior legal action, he or she cannot take a different position on the same issue in a subsequent action. The doctrine of judicial estoppel is intended to guard the...

 

HTMLCan Plaintiff Board the Amount of Medical Expenses Billed or Merely the Amount Paid?
Armand J. Della Porta; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 13, 2015, previously published on September 1, 2015
A plaintiff is injured, allegedly due to the defendant’s negligence or defective product. The plaintiff seeks medical treatment for his injury and is billed by his medical provider. The amount paid by his insurance company is substantially less than the amount billed. The plaintiff files suit...

 


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