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HTMLPre-Emption of Colorado’s Unreasonable Delay/Denial of Insurance Claims Statute
Gillian Dale, Cristin J. Mack; Hall & Evans, L.L.C.;
Legal Alert/Article
April 15, 2015, previously published on April 02, 2015
Effective August 5, 2008, the Colorado General Assembly enacted C.R.S. §10-3-1116, creating a statutory cause of action for unreasonable delay or denial of insurance claims, which is in addition to Colorado's previously-existing bad faith tort. Included in the statute are the following...

 

HTMLFlorida Appeals Court Quashes Order Requiring Insurance Commissioner to Testify
Nicholas D. Freeman, James M. Kloss; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on April 10, 2015
On March 13, 2015, in Florida Office of Insurance Regulation v. Florida Department of Financial Services, Florida’s First District Court of Appeals quashed the trial court’s order compelling the deposition of the Florida Insurance Commissioner. The court found that even if the party...

 

HTMLWho Does an Insurance Broker Serve? Somebody!
Steven L. Young; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 9, 2015
The year was 1979 when Bob Dylan’s song “Gotta Serve Somebody” was released on his album Slow Train Coming: “It may be the devil or it may be the Lord, but you’re gonna have to serve somebody.”

 

HTMLNotice-Prejudice Rule Does Not Apply to Claims-Made Policies
Gillian Dale, Malcolm S. Mead, Lisa F. Mickley, Rachel E. Yeates; Hall & Evans, L.L.C.;
Legal Alert/Article
April 15, 2015, previously published on March 20, 2015
There are two types of general liability insurance policies: those that provide coverage for an injury or event that occurs during the policy period ("occurrence policies") and those that provide coverage for claims made during the policy period ("claims-made policies"). Both...

 

HTMLClaims-Made Insurance Policies Interpreted by Colorado Supreme Court
Lisa Bondy Dunn, Nick R. Herrick; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
April 15, 2015, previously published on February 25, 2015
On February 17, 2015, in the case of Craft v. Philadelphia Indemnity Insurance Company, the Colorado Supreme Court resolved an unanswered question of insurance coverage which affects all claims-made insurance policies. The Court held that insurance companies need not demonstrate that they are...

 

HTMLRepresentations and Warranties Insurance in M&A Transactions
Olga Sandler; Dentons Canada LLP;
Legal Alert/Article
April 14, 2015, previously published on April 7, 2015
Historically, negotiations over representations and warranties (R&W) and the related indemnification in M&A transactions have often been difficult, time-consuming and costly, even where the parties had fully agreed upon the purchase price.

 

HTMLNew York Amends Controversial Provisions of Replacement Regulation
Sandra M. McDermott; Goldberg Segalla LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
After almost two decades, the New York Department of Financial Services (DFS) has approved amendments to New York Insurance Regulation 60, which will now permit insurance agents to immediately bind coverage where an existing life insurance policy or annuity contract is being replaced. The Third...

 

HTMLWho is an Expert For the Purposes of Rule 53.03: The Court of Appeal’s Decision in Westerhof v Gee Estate
Giovanna Asaro, Simon Reis; Blaney McMurtry LLP;
Legal Alert/Article
April 14, 2015, previously published on April 01, 2015
When can a witness who has not been retained by a party to the litigation give opinion testimony at trial? Must that witness comply with the requirements of Rule 53.03 of the Rules of Civil Procedure, which is directed at expert witnesses and requires that no opinion evidence may be tendered unless...

 

HTMLACA Subsidies Face Final Test Before the US Supreme Court
John R. Feore, III, Bruce Merlin Fried, Charles A. Luband, Mark W. Weller; Dentons Canada LLP;
Legal Alert/Article
April 14, 2015, previously published on March 4, 2015
The US Supreme Court (the "Court") heard oral arguments today in King v. Burwell, a case that could significantly impact the viability of the Affordable Care Act (ACA). In this case, the Court is being asked to decide whether federal tax subsidies are available for use only on health...

 

HTMLNY Dept. of Financial Services Requests Detailed Cyber Security Reports From Insurers
John J. Jablonski, Sandra M. McDermott, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
Cyber security is clearly one of the highest priorities — if not the top concern — for regulators in 2015. Late last month, the New York Department of Financial Services (DFS) sent more than 160 licensed insurers a New York Insurance Law Section 308 Letter seeking a detailed report...

 


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