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HTMLDoes Florida's Statutory Duty to Disclose Insurance Information Apply to Claims Arising Under Out-Of-State Policies?
Fay E. Ryan; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
March 25, 2015, previously published on February 10, 2015
One of the most common questions I get from out-of-state insurers is whether they are required to honor a claimant’s request for disclosure of insurance information under Florida Statute 627.4137. If the applicable policy was not delivered in Florida or issued for delivery in Florida, the...

 

HTMLNo Breach Of Duty Of Good Faith And Fair Dealing Where No Bad Faith Or Ill Motive Pleaded, Which Are Essential Parts Of The Claim (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 4, 2015
In Dean v. New England Mutual Life Insurance Company, the plaintiff’s claims concerned allegations of life insurance payments under her ex-husband’s policy directly to their daughters, rather than to her, individually, or to her as trustee for her daughters. A judgment of divorce had...

 

HTMLInternal Revenue Service finds Contracts protecting against Foreign Currency Fluctuations not to be Insurance
Christopher M. Flanagan, Rebecca Melaas; Edwards Wildman Palmer LLP;
Legal Alert/Article
March 25, 2015, previously published on March 23, 2015
Companies looking to establish insurance coverage, especially in situations involving a captive type of arrangement, will, as always, need to focus on the qualification of the coverage as insurance for U.S. federal income tax purposes. While this traditionally involves an analysis of the risk...

 

HTML“Physical” Damage Without Any Tangible Change - New Jersey Federal Court Continues the Expansion of “Physical” Loss or Damage
Michael J. McLaughlin; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
New Jersey courts continue to expand traditional notions of physical loss or damage in a recent decision of the New Jersey Federal District Court, Gregory Packaging, Inc. v. Travelers Prop. Cas. Co. of America, Civ. No. 2:12¿cv¿04418 WHW, 2014 WL 6675934 (D.N.J. Nov. 25, 2014) (J....

 

HTMLMeth Is Not “All Natural”: Failure To Conform Exclusion Bars Coverage for False Advertising Lawsuits
Michael P. Kandler, Michael F. Lettiero; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on February 10, 2015
In General Star Indemnity Co. v. Driven Sports, Inc., 2015 U.S. Dist. LEXIS 7966 (E.D.N.Y. Jan. 23, 2015), General Star Indemnity Co. (“Gen Star”) issued a commercial lines policy to Driven Sports, Inc. (“Driven”), a producer and seller of an energy supplement called Craze....

 

HTMLFlorida Senate Insurance Committee Approves Department of Financial Services Re-Organization Bill, Help for Sinkhole-Damaged Properties
Colodny Fass P.A.;
Legal Alert/Article
March 24, 2015, previously published on March 17, 2015
Financial assistance for sinkhole-damaged properties and a proposed re-organization of the Florida Department of Financial Services ("DFS") were among the insurance-related bills taken up by the Senate Committee on Banking and Insurance ("Committee") today, March 17, 2015.

 

HTMLFlorida House Insurance Subcommittee Approves Coverage Prohibition Repeal of Citizens Property Insurance for Certain Structures
Colodny Fass P.A.;
Legal Alert/Article
March 23, 2015, previously published on March 10, 2015
HB 715, a bill that would remove a provision of law prohibiting certain improvements to major structures from being eligible for Citizens Property Insurance Corporation ("Citizens") coverage was the focus of the Florida House of Representatives' Insurance and Banking Subcommittee...

 

HTMLThe Missouri Supreme Court Rejects the Buy-One-Get-One-Free Approach to Auto Liability Insurance
Michael L. Young; HeplerBroom LLC;
Legal Alert/Article
March 23, 2015, previously published on March 10, 2015
After leaving almost 10,000 empty seats in its Champions League game against Roma last September, the professional football team in Manchester City chose to offer a buy-one-get-one-free deal on tickets at its October match against CSKA Moscow. (“Football” here is meant in the European...

 

HTMLThe Fifth Circuit Holds that a Corporation is Not a Person-At Least for Purposes of Insurance Coverage
Michael L. Young; HeplerBroom LLC;
Legal Alert/Article
March 23, 2015, previously published on February 23, 2015
Have you ever seen a corporation walk down the street? Or maybe you’ve shaken hands with a corporation lately? Perhaps you’ve witnessed a corporation do The Wiggle? Over two hundred years ago, Chief Justice Marshall wrote that a corporation is “an artificial being, invisible,...

 

HTMLFlorida Senate Insurance Committee Approves Citizens Property Insurance, Flood Coverage, Windstorm Mitigation Discount Bills, Among Others
Colodny Fass P.A.;
Legal Alert/Article
March 23, 2015, previously published on March 10, 2015
Citizens Property Insurance Corporation ("Citizens"), flood coverage and windstorm mitigation discounts were among the topics touched upon by a number of insurance-related bills taken up by the Florida Senate Committee on Banking and Insurance ("Committee") during its meeting...

 


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