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HTMLLegal Aspects of the Trial Period: Three Foreseeable Problems and Ways to Avoid Them
Julie I. Fershtman; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
November 28, 2014, previously published on October 17, 2014
"Try out my horse for few weeks. See if you get along with him." These were the words of a sincere, well-intentioned seller who only wanted a satisfied buyer. Could anything possibly go wrong with this trial period arrangement? Let’s explore three possible problems and ways to avoid...

 

HTMLLegal Aspects of an Exercise Rider Business
Julie I. Fershtman; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
November 28, 2014, previously published on October 1, 2014
In an effort to spend time with horses, while also raising cash, some people in the horse industry develop small businesses. We have received calls from people interested in establishing an exercise riding business where they visit people’s stables, saddle up designated horses, and work the...

 

HTMLNAIC Group Solvency IssuesWorking Group to Revise the Model Holding Company Act to Add Provisions Regarding “Group-Wide Supervision of Internationally Active Insurance Groups”
Mayer Brown LLP;
Legal Alert/Article
November 28, 2014, previously published on November 11, 2014
At the NAIC Spring National Meeting inMarch 2014, the Group Solvency Issues (E) Working Group (“GSIWG”) was tasked with considering whether amendments should be made to address issues that have arisen since the adoption of the 2010 amendments to the Model Insurance Holding Company...

 

HTMLThe High Standard for Inclusion of a Claim for Punitive Damages in Kansas
Noemi Donovan; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
November 28, 2014, previously published on November 26, 2014
Successfully including a claim for punitive damages in a pleading is more difficult in Kansas than in other jurisdictions. A Kansas plaintiff cannot proceed with a claim for punitive damages without first applying to the trial court and requesting permission to amend a petition to include a claim...

 

HTMLMulrooney v. Life Ins. Co. of the S.W., 2014 WL 4407854 (Del. Super. Ct. Sept. 3, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 22, 2014
In Mulrooney v. Life Insurance Co. of the Southwest, the Delaware Superior Court reaffirmed the notion that a party may be bound by misrepresentations in an insurance application, if the misrepresentation is attributable to the applicant. In Mulrooney, Plaintiff Holly Mulrooney...

 

HTMLBeazer Homes Corp. v. Selective Ins. Grp., Inc., 2014 WL 3955746 (D. Del. Aug. 8, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 22, 2014
An employee of Defendant T.C. Electric Co. (“TC”) was injured at a development site of Beazer Homes Corp.’s (“Beazer”) and filed suit against Beazer. Beazer had been added as an “additional insured” to TC’s insurance policy issued by Defendant...

 

HTMLKnott v. LVNV Funding, LLC, C.A. No 453, 2013, 2014 WL 2873889 (Del. June 24, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 1, 2014
Insurance companies and their insureds should be interested in the law of judgment creditors for obvious reasons: insureds sometimes have judgments entered against them, and insurers may be liable for them. In this case, the Delaware Supreme Court considered whether 10 Del. C. § 5072 or §...

 

HTMLPenn Mut. Life Ins. Co. v. Norma Espinosa 2007-1 Ins. Trust, — F.Supp.3d —, 2014 WL 4811879 (D. Del. Sept. 29, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 22, 2014
This case involves a relatively new phenomenon called “stranger originated life insurance” schemes, or “STOLI” schemes, for short. In a STOLI scheme, an investor or investors seek to obtain a pecuniary interest in the life insurance policy on an individual with whom the...

 

HTMLDrafting History or Purpose Does Not Undermine Plain Language: Illinois Federal Court Enforces Insured-Versus-Insured Exclusion
Kevin P. Lolli, Jonathan L. Schwartz; Goldberg Segalla LLP;
Legal Alert/Article
November 26, 2014, previously published on November 24, 2014
In Travelers Casualty & Surety Co. of America v. Bernhardt, 2014 U.S. Dist. LEXIS 152416 (N.D. Ill. Oct. 28, 2014), the Northern District of Illinois granted summary judgment in favor of Travelers Casualty and Surety Company of America (Travelers), finding it had no duty to defend or indemnify...

 

HTMLNew Jersey Federal District Court Sheds Light on “Use of Motor Vehicle” Standard in New Jersey Omnibus Statute
Davis J. Kim, Jonathan Schapp; Goldberg Segalla LLP;
Legal Alert/Article
November 26, 2014, previously published on November 25, 2014
In Carolina Casualty Insurance Co. v. Travelers Property Casualty Co., Civ. No. 09-4871, 2014 U.S. Dist. LEXIS 150002 (Oct. 22, 2014), the United States District Court for the District of New Jersey interpreted the “use of a motor vehicle” standard under New Jersey’s omnibus motor...

 


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