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HTMLU.S. Senate Report Finds No Systematic Underpayment of SuperStorm Sandy-Related National Flood Insurance Program Claims
Colodny Fass P.A.;
Legal Alert/Article
June 25, 2015, previously published on June 23, 2015
The results of a highly anticipated study undertaken by the United States Senate Committee on Banking, Housing, and Urban Affairs' ("Committee") Banking Investigative Group on alleged National Flood Insurance Program ("NFIP" or "Program") underpayment of claims filed...

 

HTMLFirst DCA Rejects Insurer's Attempt to Fight Fraudulent Post-Loss Assignments of Benefit Claims Through Change in Policy Provision
Maria Elena Abate, Amy Koltnow; Colodny Fass P.A.;
Legal Alert/Article
June 25, 2015, previously published on June 24, 2015
The increase in claims and litigation, spurred on by water remediation companies fortified with an insured's assignment of insurance benefits ("AOB") and right to bring a cause of action has been a hot topic of debate in recent years. Despite industry-wide acknowledgment of a growing...

 

HTMLTexas Department of Insurance Adopts NAIC Risk-Based Capital Formulas, Instructions
Colodny Fass P.A.;
Legal Alert/Article
June 24, 2015, previously published on June 19, 2015
The Texas Department of Insurance ("TDI") advised yesterday, June 18, 2015, that it has adopted amendments to 28 Texas Administrative Code §7.402 concerning risk-based capital ("RBC") and surplus requirements for insurers and health maintenance organizations...

 

HTMLFederal Agencies Issue Flood Insurance Rule; Biggert-Waters Private Flood Insurance Rulemaking to Come
Colodny Fass P.A.;
Legal Alert/Article
June 24, 2015, previously published on June 22, 2015
Five federal regulatory agencies have approved a joint final Rule that modifies regulations applicable to loans secured by properties located in special flood hazard areas.

 

HTMLFlorida Governor Rick Scott Signs, Vetoes Insurance-Related Bills on June 16, 2015
Colodny Fass P.A.;
Legal Alert/Article
June 24, 2015, previously published on June 17, 2015
HB 87 relating to Construction Defect Claims by State Representative John Wood revises the construction defect claim process.

 

HTMLNotice of Claim Sufficient to Exclude Coverage from Retroactive Professional Insurance Policy.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
June 24, 2015, previously published on June 2015
On November 26, 2011, Kortney Jackson, a mentally disabled autistic adult, was burned severely while in the care of Antiniece Middleton, an employee/independent contractor of Community Direct Services, Inc. (“CDS”). Shortly thereafter, Carolyn Jackson, as mother, guardian and next...

 

Adobe PDFIRS Issues Guidance on Portability
Bruce A. Rawls; Burr & Forman LLP;
Legal Alert/Article
June 24, 2015, previously published on June 2015
Last week the IRS issued final regulations that provide guidance on the federal estate and gift tax applicable exclusion amount, in general, as well as the requirements for making a "portability" election.

 

HTMLClaiming Litigation Privilege Before a Lawsuit Starts
Daniel W. Barber; Singleton Urquhart LLP;
Legal Alert/Article
June 23, 2015, previously published on June 19, 2015
In the early stages of handling an insurance claim, an adjuster always wants to discover as much as possible about it. If a claim arouses any doubts about its veracity, the adjuster will often engage an outside investigator to undertake a more detailed investigation.

 

HTMLCourt of Appeal Clarifies Evidentiary Requirements for Establishing the Threshold: Gyorffy v. Drury, 2015 ONCA 31
George R. Wray; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2015, previously published on June 15, 2015
The Ontario Court of Appeal recently unanimously held that a plaintiff’s own testimony can be the corroborating evidence required to establish that he or she met the statutory threshold to recover non-pecuniary damages in claims arising from motor vehicle accidents.

 

HTMLThe Top Five Mistakes in Complex Litigation Work Flow: A Primer (Reminder) for Lead (and other) Paralegals
Marc A. Manos; Nexsen Pruet, LLC;
Legal Alert/Article
June 23, 2015, previously published on June 8, 2015
Nexsen Pruet member (partner) Marcus A. Manos recently conducted a refresher for paralegals at the firm. Entitled "A Primer (Reminder) for Lead (and other) Paralegals," Manos took veterans and newer hires through each step of the firm's work flow. To begin the training session, he focused...

 


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