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HTMLMaryland Federal District Court Lacks Subject Matter Jurisdiction to Hear Life Insurance Case Where Plaintiffs Did not Sustain any Injuries Within the Meaning of Article III
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Jeffrey Higdon, As Trustee Of The Life Insurance Trust Dated November 1, 1991 v. Lincoln National Insurance Co. et al., Plaintiff Jeffrey F. Higdon, as Trustee of the John J. Germenko Life Insurance Trust Dated November 1, 1991 (the “Trust”), sought to recover the death benefits of...

 

HTMLMissouri Court Finds That “Ineffective” Reservation of Rights Letters May Support Bad Faith Recovery Even in the Absence of Coverage
Carolyn A. Woodson; Jones Day;
Legal Alert/Article
February 25, 2015, previously published on November 12, 2014
All too often, instead of sending reservation of rights letters that unambiguously inform the insured of the insurer’s coverage position, insurers send longwinded, generic letters with a cursory discussion of the claim’s facts, minimal (if any) coverage analysis, extensive policy...

 

HTMLFederal Court Rejects “Stacking” Consecutive Insurance Policies But Applies Highest Coverage Limit
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 23, 2015
The Insured operated a New Mexico brine well facility involved in solution mining of salt from brine water from 1995 to 2008. In a state court lawsuit, a neighboring property owner sued the Insured for property damage caused by the mining operation (specifically, damages caused when the roof of the...

 

HTMLMissouri High Court Allows Excess Insurer To Proceed with Bad Faith Refusal to Settle Claim Against Primary Insurer
Joanna M. Roberto, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
February 24, 2015, previously published on January 14, 2015
In Scottsdale Insurance Co. v. Addison Insurance Co., No. SC93792, 2014 Mo. LEXIS 335 (Mo. Dec. 9, 2014), the Supreme Court of Missouri reversed the trial court’s grant of summary judgment in favor of United Fire & Casualty Company (United Fire) with regard to the bad faith refusal to...

 

HTMLWisconsin High Court Gets Its Hands Dirty by Ringing in the New Year with Two Decisions about Coverage for Feces Contamination
Jonathan L. Schwartz, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
February 24, 2015, previously published on January 15, 2015
First, in Preisler v. General Casualty Insurance Co. et al., 2014 WI 135, the Supreme Court affirmed an order of summary judgment in favor of Rural Mutual Insurance Company, Regent Insurance Company, and General Casualty Company, finding that the pollution exclusion barred coverage.

 

HTMLCommunication with Insurance Companies
John Connell; Burg Simpson Eldredge Hersh Jardine P.C.;
Legal Alert/Article
February 20, 2015, previously published on January 27, 2015
It is very common for people to wait longer than they probably should to get a lawyer involved in their case. If you don’t have an attorney, one of the most important things you can do is get everything in writing. I know it’s a joke for lawyers to tell you to get things in writing all...

 

HTMLKnow What It Takes For Contract Clauses To Be Conspicuous Where Required
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 20, 2015, previously published on February 17, 2015
Company A‘s predecessor entered into a contract with Company B‘‘s predecessor to build a water pipeline and A promised B indemnity for claims resulting from A ‘s work. While building the water pipeline, Company A accidentally hit a methanol pipeline and caused a leak that...

 

HTMLCompulsory Insurance Doctrine Negates Insurer’s Late Notice and Cooperation Defenses, 8th Circuit Says
Davis J. Kim, Patrick B. Omilian; Goldberg Segalla LLP;
Legal Alert/Article
February 20, 2015, previously published on January 21, 2015
In Northwest Airlines, Inc. v. Professional Aircraft Line Service, No. 13-1754, 2015 U.S. App. LEXIS 546 (8th Cir. Jan. 14, 2015), the Eighth Circuit rejected an insurer’s attempt to deny coverage based on late notice and failure to cooperate defenses because the insured was required by...

 

HTMLCan I File Multiple Lawsuits?
John Connell; Burg Simpson Eldredge Hersh Jardine P.C.;
Legal Alert/Article
February 20, 2015, previously published on February 10, 2015
One of our earlier blogs talked about suing your employer or boss for negligence when you’ve been hurt at work. In that case, which you can read here, we talked about how you can’t sue your employer because worker’s comp is an “exclusive solution”. However, if your...

 

HTMLNot All Health Savings Plans Are Created Equal
Tabatha L. George; Fisher & Phillips LLP;
Legal Alert/Article
February 20, 2015, previously published on February 2, 2015
Health Savings Accounts (HSAs) have gained in popularity since the implementation of the Affordable Care Act, but many employers are unclear about how they differ from more traditional Flexible Spending Accounts (FSAs). An employee can’t have both. Here’s why an HSA may make sense for...

 


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