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HTMLSaskatchewan Court of Appeal Dramatically Reduces Punitive Damages Award Against Insurers
Adriana De Marco, Andrew Harrison; Borden Ladner Gervais LLP;
Legal Alert/Article
July 15, 2015, previously published on July 14, 2015
The Saskatchewan Court of Appeal recently allowed appeals by both Zurich and AIG in a claim advanced by an injured worker, reducing the punitive damages awards made against the insurers from $4.5 million to $675,000.

 

HTMLPrice Optimization White Paper Draft Comments To Be Reviewed at NAIC Casualty Actuarial and Statistical Task Force July 21 Meeting
G. Donovan Brown; Colodny Fass, P.A.;
Legal Alert/Article
July 14, 2015, previously published on July 13, 2015
"The (insurance) industry (has a) penchant for avoiding regulatory scrutiny of risk classifications by calling them something else . . . . Regulators need to stop this verbal arbitrage by insurers."

 

HTMLA Reservation of Rights Letter is Ineffective When it is Untimely and Not Specifically Addressed to the Additional Insured
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
In this unprecedented and highly impactful case, the Pennsylvania Superior Court held that two separate reservation of rights (ROR) letters were ineffective as to an additional insured because they were addressed to the named insureds and were sent seven months after the underlying complaint had...

 

HTMLCritical Regulations and Libel Suit Raise Adverse Publicity Coverage Issues
Joseph F. Bermudez; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 14, 2015, previously published on July 13, 2015
Brand is everything! The ability and opportunities to extend a brand’s reach are vast, with the smallest companies able to brand globally. Equally important is protecting an established brand. Competitors and consumers can criticize, attack, protest, boycott, complain about and even...

 

HTMLMassachusetts Appeals Court Adopts Two-Prong Continuity and Profit Motive Test to Determine Whether Business Pursuits Exclusion Applies Under Homeowners' Policy
William T. Bogaert, Kara Thorvaldsen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 13, 2015, previously published on July 7, 2015
The Massachusetts Appeals Court has provided some much needed guidance on the “business pursuits exclusion” in a recent coverage dispute between a homeowners’ insurer and a commercial liability insurer. In Preferred Mutual Ins. Co. v. Vermont Mut. Ins. Co., Mass. App. Ct. No....

 

HTMLPennsylvania Superior Court Further Limits the Limited Tort Defense
Patrick M. Carey; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 13, 2015, previously published on June 1, 2015
After criticizing the reasoning behind a decision it rendered in 1997, the Pennsylvania Superior Court opted to follow that flawed logic when deciding the recent limited-tort case of Varner-Mort v. Kapfhammer, 109 A.3d 244 (Pa.Super. 2015). In that case, Donna Varner-Mort was involved in an...

 

HTMLCyber Liability: Are you protected? Examining your coverage in the wake of the first decision under a cyber insurance policy
Kristen E. Hudson; Chuhak Tecson P.C.;
Legal Alert/Article
July 10, 2015, previously published on July 2, 2015
The first coverage decision under a “cyber” policy was handed down in May 2015 from a Utah federal court. That case - Travelers Property Casualty Co. v. Federal Recovery Services, Inc.- did not involve a data breach, but it did involve a dispute over data rights, and contains a number...

 

HTMLFlorida Hurricane Catastrophe Fund Projected Aggregate 2015 Premium Updated
Colodny Fass P.A.;
Legal Alert/Article
July 10, 2015, previously published on July 6, 2015
The Florida Hurricane Catastrophe Fund ("FHCF") advised today, July 6, 2015, that, subsequent to the development of its 2015 Ratemaking Formula Report, several insurers revised their coverage selections for the 2015 FHCF Contract Year. As a result of these changes, the estimate of the...

 

HTMLOhio Anti-Subrogation Law Passed As Part of Budget Approved by Governor Kasich
Ted M. Traut; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
July 10, 2015, previously published on July 1, 2015
Governor Kasich approved an amendment as part of the state budget which will affect an insurer or health plan's ability to recover medical expenses that it has paid out on behalf of its insured as a result of an injury. This amendment was introduced just days before the budget was set to be...

 

HTMLEleventh Circuit Denies Coverage for Wrongful Acts of Directors and Officers That Arose Out of Their Wrongful Acts as Trustees, an Uninsured Capacity
Thomas M. Spitaletto, James K. Thurston; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 8, 2015, previously published on June 30, 2015
On Monday, June 22, 2015, the Eleventh Circuit, in The Langdale Company v. National Union Fire Insurance Company of Pittsburgh, PA, No. 14-12723 (11th Cir. 2015), ruled for the insurer on a “capacity” exclusion in a director and officer policy that precluded coverage for loss in...

 


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