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|Anti-Indemnification Statutes and Their Impact upon Insuring Indemnification Obligations Versus Those of an Additional Insured|
Jay R. Houghton; Smith, Currie & Hancock LLP;
July 18, 2014, previously published on July 7, 2014Construction projects are inherently risky endeavors. A myriad of things that can go wrong range from damaging a tree on neighboring property, to the structural failure of a completed building, and the loss of limb or life. One of the most important reasons one enters into a contract while...
|Public Policy Limitations on Indemnity for Sole or Partial Negligence|
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
July 18, 2014, previously published on July 7, 2014Contractors often develop standard contracts for use on a variety of projects, tailored most often to the demands and particular needs of the owner and the project involved. Often these standard contracts include indemnification provisions that require the subcontractor to indemnify the general...
|An Overview of the Difference Between Indemnity Obligations and Obligations to Provide Additional Insured Coverage|
Smith Currie Hancock LLP;
July 18, 2014, previously published on July 7, 2014One of the most important risk-shifting devices in a construction contract is the indemnification provision because it protects one party from financial loss and damages arising from future problems occurring during the project. Indemnification is a promise that one party will make good on any...
|Illinois: Industrial Insureds May Be Required to Pay Taxes on Insurance Premiums|
McDonald Hopkins LLC;
July 18, 2014, previously published on July 10, 2014The Illinois General Assembly passed S.B. 3324 which imposes a 3.5 percent tax on paid premiums to unauthorized insurers by a certain class of businesses. The bill awaits Governor Patrick Quinn’s signature. If the bill is neither signed nor vetoed by August 14, it automatically becomes law.
|CASL is here - Now What? Practical Issues for Insurers and Brokers|
Bernice Karn; Cassels Brock & Blackwell LLP;
July 17, 2014, previously published on July 8, 2014As of July 1, 2014, this type of message may become a familiar refrain in the emails you receive. Canada’s new anti-spam law (commonly known as “CASL”) prohibits the sending of any type of non-exempt “commercial electronic message” (“CEM”) unless the...
|Insurer’s Motion to Dismiss Hospital’s Bad Faith Breach of Contract Claim Denied (New Jersey Federal Court)|
Fineman Krekstein Harris P.C.;
July 17, 2014, previously published on July 8, 2014In Conn. Gen. Life Ins. Co. v. Roseland Ambulatory Surgery Ctr., the plaintiff/counterclaim-defendant insurer brought claims against defendant/counterclaim-plaintiff hospital for failure to require patients to pay certain out-of-pocket expenses. The insurer originally brought a claim alleging that...
|Injuries Caused In Oilfield Mud Tank Not Subject To Insurance Policy’s Pollution Exemption|
Sutherland Asbill Brennan LLP;
July 16, 2014, previously published on July 10, 2014In December 2012, an oilfield worker for a services subcontractor specializing in the cleaning of mud tanks arrived at a worksite and proceeded to clean a tank at the instruction of the general contractor. The general contractor allegedly failed to inform the worker that the tank contained large...
|Can You Link Insurance Premiums To Smoking?|
F. Kytle Frye; Fisher & Phillips LLP;
July 15, 2014, previously published on July 1, 2014Rocked by soaring costs, including skyrocketing increases in health insurance premiums, employers are desperate to manage, and hopefully limit, whatever costs they can. Many employers have begun to look to the lifestyle choices of their employees and how those choices might influence their cost of...
|Leave it to Beaver: Arizona Court of Appeals Validates “Relative Definition” of Insured Which Precludes UIM Coverage|
Nathan D. Meyer; Jaburg & Wilk, P.C.;
July 14, 2014If the Beaver owned a classic 1959 Ford Fairlane, he would not have been insured for UIM benefits under the Cleaver family auto policy. In Beaver v. American Family Mutual Insurance Company, 234 Ariz. 584, 324 P.3d 870 (App. May 20, 2014),the Arizona Court of Appeals recently held that a...
|Beware of Hidden Fees in Health Insurance Contract|
Jeffrey Bearss; Weltman, Weinberg & Reis Co., L.P.A.;
July 14, 2014, previously published on July 7, 2014On May 14, 2014 the U.S. Sixth Circuit Court of Appeals released a decision that will have immediate impact upon health insurers and employers who have contracts with them. A large health insurance company lost an appeal over a hidden fees complaint by an employer group. The U.S. Federal Court of...