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|Louisiana Economic Development Estimates $8.7 Billion in Residential, Commercial Flood Damage|
Taylor Porter Brooks Phillips L.L.P.;
September 27, 2016, previously published on September 13, 2016The Louisiana Economic Development, in a press release, estimates the August 2016 Louisiana Flood caused $8.7 billion in damage to Louisiana residential and commercial properties, with damage to businesses in the state exceeding $2 billion. Those figures do not include damage to the state’s...
|FDA Convenes Two-Day Public Hearing on Human Cell and Tissue Product Regulatory Paradigm|
Joanne S. Hawana, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 26, 2016, previously published on September 15, 2016As stakeholders and watchers of the expansive field of regenerative medicine likely are aware, earlier this year a study published in the peer-reviewed journal Cell Stem Cell reported on the growth of so-called stem cell clinics operating in the U.S. It also examined the types of claims being made...
|A New Way to Buy Car Insurance?|
Sutherland Asbill Brennan LLP;
September 23, 2016, previously published on September 23, 2016A car insurance startup has recently acquired an insurance company with licenses in 50 states. Metromile, which has received funding from investors such as Mark Cuban, charges for car insurance based on miles driven. (A hardware “dongle” tracks how many miles the subscriber drives.) The...
|NY DFS Announces Proposal for Cybersecurity Rules for Financial Services Companies|
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
September 22, 2016, previously published on September 22, 2016On September 13, 2016, New York Governor Andrew Cuomo announced a proposal by the New York Department of Financial Services (the DFS) of a rule that establishes cybersecurity requirements for financial services companies regulated by the DFS (the NY Regulation). The NY Regulation is the culmination...
|California Court Finds That Discretionary Clauses in Health Insurance Policies Are Enforceable|
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 14, 2016, previously published on September 12, 2016In 2011, the California legislature passed Insurance Code Section 10110.6 which bans the use of discretionary clauses in any policy, contract, certificate, or agreement offered, issued, delivered, or renewed, whether or not in California, that provides or funds life insurance or disability...
|Venue in New York Personal Injury Actions CPLR Article 5: Where to Be and How to Get There|
Angela M. Evangelista; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 12, 2016, previously published on September 1, 2016The rules relating to the venue of civil actions are found in Article 5 of the Civil Practice & Law Rules. This article will focus on venue in personal injury actions.
|Bad Faith Failure to Settle: When Does the Clock Start Ticking in Delaware?|
Thomas J. Gerard; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 12, 2016, previously published on September 1, 2016The relationship between an insurance carrier and its insured during litigation is often fraught with a delicate balance of interests. At times an insurer’s corporate self-interest may seem to drive its decisions regarding litigation and may seemingly result in a conflict of interest with its...
|Post At Your Own Risk|
Maureen E. Kelly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 12, 2016, previously published on September 1, 2016We live in a world consumed by social media. Whether it be blogs, tweets, posts, snaps, links, podcasts, photographs, videos, pins, flicks, tumbles or tags, almost everyone has a social media presence. Shockingly, more than 25% of users do not bother with any kind of privacy control. What results...
|Death of the Negligent Mode of Operation Theory: An Update on Florida’s Transitory, Foreign Substances Statute|
Amanda L. Ingersoll, R. Thomas Roberts; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 11, 2016, previously published on September 1, 2016Within the past 15 years, Florida’s slip-and-fall law has experienced its own ups and downs. In 2010, noting that slip-and-fall accidents were the most common type of liability claims facing insurers of bars, restaurants and taverns, the Florida Legislature revised the statutory burden of...
|Court Takes Issue with Defence Medical Experts Who Derived Bulk of their Income from Defence Work|
Matthew Gray, Michael J.L. White; Borden Ladner Gervais LLP;
September 11, 2016, previously published on August 24, 2016In Ontario, a plaintiff claiming damages arising from a motor vehicle accident ("MVA") must satisfy the statutory threshold in accordance with section 267.5(5) of the Insurance Act (the "Act"). Briefly, pursuant to the Act, a plaintiff must demonstrate that he or she has...