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HTMLBreach of Insurance Policy Subrogation Clause and Cooperation Clause Bar Property Damage Claim; Appellate Division Reverses Lower Court's Denial of Motion for Summary Judgment
Abrams Gorelick Friedman Jacobson LLP;
Legal Alert/Article
February 3, 2017, previously published on January 5, 2017
Plaintiff's property insurance policy contained terms requiring the insured to "do everything necessary to secure" and "do nothing after loss to impair" the defendant insurer's subrogation rights. A unanimous Appellate Division panel found that the plaintiff breached these terms...

 

HTMLCourt of Appeal Affirms Substantial Damages in Police Liability Case for Breaching Confidentiality
Jonathan Chen, Douglas O. Smith; Borden Ladner Gervais LLP;
Legal Alert/Article
February 2, 2017, previously published on January 12, 2017
In February 2015, the Superior Court of Justice awarded substantial damages against the Durham Regional Police Services Board ("Police") for releasing the identity of an alleged confidential informant. That decision was recently upheld by the Ontario Court of Appeal in Nissen v. Durham...

 

HTMLA New Compulsory Insurance Scheme for Vessels Carrying Passengers
Nils Goeteyn, Robin Squires; Borden Ladner Gervais LLP;
Legal Alert/Article
January 30, 2017, previously published on January 17, 2017
Right before the holidays, on December 24, 2016, the Government of Canada gave notice under Part 1 of the Canada Gazette of new proposed regulations dealing with compulsory insurance of passenger vessels under the Canadian Marine Liability Act. The Regulations respecting compulsory insurance for...

 

HTMLNew Book Recommends Regulators take a Proactive Approach to Driverless Cars
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 25, 2017, previously published on January 24, 2017
A driverless license is a good start, but a significant amount more research and exploration of regulatory oversight is needed. Ideally, the highest levels of the government should adopt a proactive, rather than reactive, approach.

 

HTMLRational Differences in Claim Valuations Do Not Lead to an Inference of Bad Faith on the Part of an Insurer without More.
Christopher W. Woodward; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
In a bad faith action against an insurer for denial of UM benefits, the trial court granted the insurer’s motion for summary judgment. The insured argued that the insurer’s valuations of her claim were continually revised up and, ultimately, the jury had reached a verdict that was...

 

HTMLNew Jersey Federal Court Determines Brillhart Abstention Remains “Robust” and Dismisses an Insurer’s Declaratory Judgment Complaint without Prejudice.
Christopher W. Woodward; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
An insurer filed a declaratory judgment action seeking a declaration that it owed no duty to defend its insured in an underlying state tort action. The federal court determined that the underlying claims against the insured were such that a coverage determination would require substantive...

 

HTMLUnder Replacement Cost Policies, Insurers Can Limit Insureds’ Claims for Damages by Using Cost of Repair Instead of Cost of Replacement.
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
The plaintiff’s custom-made kitchen cabinets were damaged from a water leak. The defendant insurer’s expert claimed that the kitchen cabinets could be restored for $2,585 or replaced for $19,065. When the defendant issued payment to the plaintiff for less than the replacement cost, the...

 

HTMLWhen are Premiums Paid to a Captive Insurance Company Deductible for Federal Income Tax Purposes?
Saren Goldner, M. Kristan Rizzolo, P. Bruce Wright; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 19, 2017, previously published on January 4, 2017
In their article for Captive.com, Sutherland attorneys P. Bruce Wright, M. Kristan Rizzolo and Saren Goldner review the basic requirements that must be met for insurance premiums paid to a captive insurer to be tax deductible: risk transfer, risk distribution and insurance risk.

 

Adobe PDFThere is No Such Thing as a Free Horse
Cheri A. Budzynski; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
January 18, 2017, previously published on December 2016
As a horse owner, I was excited to see on September 24, 2016, The Wall Street Journal published an article “The Need for Steed” in which it stated “the horse business is trotting ahead,” as women who rode as children are returning to the barn in droves. I know this feeling...

 

HTMLHow Technology May Affect Insurance in 2017
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 12, 2017, previously published on January 11, 2017
Marsh has released a new report on trends anticipated in the United States casualty insurance marketplace in 2017. It noted that the Internet of Things, the sharing economy, and autonomous vehicles will all begin to make major changes to the insurance business in the coming year. In particular,...

 


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