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HTMLLouisiana Insurance Commissioner Donelon Requests State Farm to Offer Policyholders Lower Hurricane Deductible Option
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 22, 2014, previously published on July 17, 2014
Louisiana Insurance Commissioner Jim Donelon met with State Farm Fire and Casualty Company ("State Farm") officials today, July 17, 2014, and asked them to offer their Louisiana policyholders the option to have a two percent hurricane deductible on their homeowners' insurance policies by...

 

HTMLFlorida's Citizens Property Insurance Reaches Agreement With Trial Lawyer Firm on Sinkhole Repairs
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 22, 2014, previously published on July 17, 2014
Under an agreement reached between Florida-based law firm Thompson Trial Group, P.A. and Citizens Property Insurance Corporation ("Citizens"), approximately 300 homeowners with unresolved sinkhole claims will receive settlement offers to end litigation, and make critical repairs to their...

 

HTMLCourt Finds That Violation of UIPA Can Not Be Basis for Bad Faith Claim; and Finds That Insured Could Not Meet Clear and Convincing Evidence Standard on Reasonableness Prong of Bad Faith Test (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 20, 2014
In United States Fire Insurance Company v. Kelman Bottles, LLC, property damage occurred for the insured from an event concerning an industrial glass making furnace. The insured’s all risk carrier brought a declaratory judgment action against the insured. The insured also had a Boiler and...

 

HTMLNo Separate Tort Cause of Action for Breach of Duty of Good Faith; Statutory Bad Faith Claim Pleaded Mere Possibility of Bad Faith, Not a Plausible Bad Faith Claim, and Was Dismissed With Leave to Amend (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 19, 2014
In Plummer v. State Firm Fire & Casualty Insurance Company, the insureds made a first party damage claim, involving storm damage to its roof. The insureds claimed that the insurer failed to pay anything toward the roof damage, while paying a claim for roof damage to their neighbor for damage to...

 

Adobe PDFUnited States Supreme Court Issues Decision on Contraception Insurance Coverage Mandate
Murphy Hesse Toomey Lehane LLP;
Legal Alert/Article
July 21, 2014, previously published on July 2014
In a 5-4 decision in Burwell v. Hobby Lobby, Inc., the United States Supreme Court held on June 30, 2014, that closely held, for-profit corporations can claim a religious exemption from the Affordable Care Act’s requirement to provide insurance coverage for contraception. Justice Alito,...

 

HTMLEstate Planning With Small Captive Insurance Companies
David Kamer; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
July 19, 2014
The use of captive insurance companies has ballooned in recent years. The reasons are many, including traditional insurance companies narrowing the areas of risk they are willing to cover, ever increasing premiums charged by traditional carriers, a desire of insureds to have more control over...

 

HTMLNational Association of Insurance Commissioners (NAIC) Launches State-Based Insurance Regulation Education Campaign
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 19, 2014, previously published on July 16, 2014
The National Association of Insurance Commissioners ("NAIC") announced today, July 16, 2014, that it has launched "Protecting the Future," an educational initiative about the indispensable role that state-based insurance regulation plays in strengthening the U.S. economy.

 

HTMLFederal Agencies Finalize Technical Correction of Risk-Based Capital Rules
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 19, 2014, previously published on July 17, 2014
The U.S. Federal Reserve Board, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency announced the finalization of a technical correction to the definition of "eligible guarantee" in the agencies' risk-based capital Rules released yesterday, July 16,...

 

HTMLISO 2013 Additional Insured Endorsements Revisions - What the Construction Industry Needs to Do
Nicholas H. Ceavers; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
New risks associated with recent revisions to the standard ISO Additional Insured endorsements language have not been addressed by many in the construction industry. Although these revisions occurred in April of 2013, many participants in the construction industry have failed to take adequate...

 

HTMLAn Overview of the Difference Between Indemnity Obligations and Obligations to Provide Additional Insured Coverage
Smith Currie Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
One of the most important risk-shifting devices in a construction contract is the indemnification provision because it protects one party from financial loss and damages arising from future problems occurring during the project. Indemnification is a promise that one party will make good on any...

 


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