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HTMLFlorida Hurricane Loss Mitigation Program Update Issued in Advance of Today's Catastrophe Fund Advisory Council Meeting
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 17, 2014, previously published on October 14, 2014
The Florida Division of Emergency Management ("DEM") has issued an update on the Hurricane Loss Mitigation Program in advance of the Florida Hurricane Catastrophe Fund ("FHCF") Advisory Council meeting today, October 14, 2014.

 

HTMLNorth Dakota Insurance Department Schedules November 20 Hearing on Proposed Restrictions on Legal Defense Expenses Within the Limit of Liability
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 17, 2014, previously published on October 10, 2014
The North Dakota Insurance Department ("Department") advised on October 8, 2014 that a November 20 public hearing is scheduled on the proposed creation of rules aimed to protect consumers from misleading policy provisions which could transform liability policies into defense expense-only...

 

HTMLNo Bad Faith Claim Where Insurer Carried Out Reasonable Inspection And Came To Conclusion That Result Of The Inspection Fell Within An Exclusion, & Insureds Did Not Offer Material Facts To Show, Even If Wrong, That Position Was Unreasonable Or The Result Of Intent Sufficient To Meet The Bad Faith Standard (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 6, 2014
In Focht v. State Farm Fire & Casualty Company, the homeowner insureds brought breach of contract and bad faith claims centering on a water based loss. The coverage issue centered on whether the damage at issue was caused by flood damage arising up inside the house, or water penetrating the...

 

HTMLNew York Excess Line Brokers Must Renew Licenses Online for 2014-2016
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 17, 2014, previously published on October 10, 2014
The Excess Line Association of New York ("ELANY") issued Bulletin No. 2014-20 on October 10, 2014 as a reminder to excess line brokers that the New York State Department of Financial Services will not be mailing any renewal license applications for the 2014-2016 licensing period. Instead,...

 

HTMLAdditional NAIC Accreditation Standards on Corporate Governance, Annual Disclosure Models Open For Comment Until November 7, 2014
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 17, 2014, previously published on October 9, 2014
The National Association of Insurance Commissioners ("NAIC") is seeking comments by November 7, 2014 on two draft documents that will be considered for discussion and adoption at the NAIC's 2014 Fall Annual Meeting from November 16-19 in Washington D.C.

 

HTMLEvents Outside Our Control - How Can Owners and Operators Contractually Control the Consequences?
Andrew P. B. MacGeoch, Emily I. C. Wong; Mayer Brown JSM;
Legal Alert/Article
October 14, 2014, previously published on October 7, 2014
By definition a force majeure is an event outside the control of the parties. However, the parties to a hotel management contract can seek to control some of the consequences, including the allocation of risks, as between the hotel owner and operator.

 

HTMLNational Insurance Industry Trade Organizations Register Concerns Over Florida Bar Opinion On Unlicensed Practice of Law
Maria Elena Abate, Wes Strickland; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
Legal Alert/Article
October 13, 2014, previously published on October 7, 2014
Four insurance industry trade organizations--three of them national in scope--submitted comments to the Florida Supreme Court last week on a Proposed Advisory Opinion ("PAO") they believe could be misconstrued to inhibit the everyday functions of insurance adjusters, risk managers,...

 

Adobe PDFFederal Insurance Office Report: The Federal Insurance Office Releases 2014 Annual Report on the Insurance Industry
Sullivan Cromwell LLP;
Legal Alert/Article
October 10, 2014, previously published on October 3, 2014
On September 24, 2014, the Federal Insurance Office (“FIO”) released its 2014 Annual Report on the Insurance Industry (“Report”), as mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). The Report provides an overview...

 

HTMLLouisiana Insurance Commissioner Jim Donelon Reviews 2014 Legislation at September Property and Casualty Insurance Meeting
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 8, 2014, previously published on October 2, 2014
The Louisiana Property and Casualty Insurance Commission ("LPCIC") met this month on the status of Louisiana's residual and voluntary property insurance markets, the Louisiana Department of Insurance reported in its September 2014 newsletter. As part of the agenda, Louisiana Insurance...

 

HTML(1) Statutory Bad Faith Claim Sufficiently Pleaded Because Plaintiff Alleged Basis for Unreasonable Cancellation; (2) No Statutory Bad Faith Actionable Against a Broker Who is Not an Insurer; (3) No Breach of Fiduciary Duty Claim Pleaded that Goes Beyond Contract Claim for Duty of Good Faith and Fair Dealing (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on October 1, 2014
In Kofsky v. Unum Life Insurance Company of America, the insured purchased a disability insurance policy. He alleged that the defendants, the insurer and the insured’s broker, unilaterally cancelled his insurance policy without prior notice. Thereafter, the insured claimed that he still...

 


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