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HTMLSurveillance, Swords, and Shields - Oh My
Hadley E. Hayes; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on March 2014
At the time of an incident it is often difficult to determine whether litigation will ensue. Even more difficult to determine is what documents, reports, and other evidentiary items may be relevant to that litigation. Proper evidence retention can not only be used to shield a defendant property...

 

HTMLWillful Misconduct: The Horseplay and Assault Exceptions to the Workers’ Compensation Act
Lauren D. Julian; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on July 2014
Jack and Jill are friendly coworkers who often chat and take breaks together. One day while working together, Jack animatedly tells Jill a story regarding an altercation he witnessed. In the course of the story telling, he demonstrates with a “friendly” shove to Jill’s shoulder....

 

HTMLLitigation Pitfalls: Failure to Preserve Evidence in Your “Control.”
Lisa Richardson; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on May 2014
Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions.

 

HTMLFlorida Office of Insurance Regulation to Update Senators Today; Citizens, Florida Hurricane Catastrophe Fund on House Agenda Tomorrow
Colodny Fass P.A.;
Legal Alert/Article
January 16, 2015, previously published on January 06, 2015
Florida Office of Insurance Regulation ("OIR") officials are scheduled to review Florida's insurance market as part of the Florida Senate Committee on Banking and Insurance agenda today, January 6, 2014.

 

HTMLCiting Inconsistent Implementation, Federal Insurance Office Contemplates Pre-Emption of State Reinsurance Collateral Requirements
Colodny Fass P.A.;
Legal Alert/Article
January 16, 2015, previously published on January 06, 2015
Lloyd’s, the Association of Bermuda Insurers and Reinsurers, and the Property Casualty Insurers Association of America were among 30 domestic and international respondents to a Federal Insurance Office (FIO) 2014 request for comment on the scope of the global reinsurance market. The feedback...

 

HTMLInsurer Has To Defend Claims Involving Alleged Defective CNG Fuel Filtration Equipment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 15, 2015, previously published on December 12, 2014
Company A, a gas company, purchases compressed natural gas (“CNG”) fuel filtration equipment from Company B in August 2011. According to Company A, the equipment failed to conform to its specifications and failed to remove the appropriate amount of oil from the CNG fuel. Subsequently,...

 

HTMLWashington Federal Court Emphasizes Privilege Logs Must Describe Nature Of The Documents Withheld
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 15, 2015, previously published on December 11, 2014
The issuer of a commercial property insurance policy refused to indemnify its insured for losses resulting from the failure of a methane purification system at a landfill gas processing facility in the State of Washington. The insured filed suit and then sought to compel production of the...

 

HTMLNational Association of Insurance Commissioners (NAIC) Advances Key Regulatory Initiatives
Colodny Fass P.A.;
Legal Alert/Article
January 14, 2015, previously published on December 17, 2014
The National Association of Insurance Commissioners ("NAIC") adopted revisions to its Insurance Holding Company System Regulatory Act and Actuarial Guideline 48 ("AG 48") during a teleconference meeting of the NAIC's Executive Committee/Plenary yesterday, December 16, 2014....

 

HTMLFlorida Hurricane Catastrophe Fund Issues 2015 Maximum Statutory Adjusted Capacity for Mandatory, Optional Coverage; Aggregate Retention
Colodny Fass P.A.;
Legal Alert/Article
January 14, 2015, previously published on December 19, 2014
As required by law, the Florida Hurricane Catastrophe Fund ("FHCF") advised today, December 19, 2014, on its maximum statutory adjusted capacity for its mandatory coverage, maximum statutory coverage for any optional coverage and the aggregate fund retention used to calculate individual...

 

HTMLSupreme Court Grants Leave to Appeal Motor Vehicle Insurance Case:
George Wray; Borden Ladner Gervais LLP;
Legal Alert/Article
January 13, 2015, previously published on December 19, 2014
The Supreme Court of Canada recently granted leave to appeal in a motor vehicle insurance case addressing the ¿pay first and dispute later¿ rules governing priority disputes for Statutory Accident Benefits (¿SABs¿) claims.

 


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