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HTMLFinancial Stability Board Seeking Comment on Resolution Planning For Systemically Important Insurers By December 15, 2014
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 30, 2014, previously published on October 21, 2014
The Financial Stability Board ("FSB") issued an October 16, 2014 call for public comment on a proposal entitled "Recovery and Resolution Planning for Systemically Important Insurers - Guidance on Identification of Critical Functions and Critical Shared Services."

 

HTMLThe National Association of Insurance Commissioners ("NAIC") 2014 Fall National Meeting will be held from November 16 to 19 in Washington, D.C.
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 28, 2014, previously published on October 21, 2014
The National Association of Insurance Commissioners ("NAIC") 2014 Fall National Meeting will be held from November 16 to 19 in Washington, D.C.

 

HTMLHHS Issues Guidance Regarding Same-Sex Marriages and HIPAA
Margaret Young Levi; Wyatt, Tarrant & Combs, LLP;
Legal Alert/Article
October 23, 2014, previously published on October 20, 2014
The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) has issued guidance concerning how the U.S. Supreme Court’s decision recognizing same-sex marriages may affect certain provisions relating to “family members” in the Health Insurance...

 

HTMLNo Bad Faith in UIM Case Where Insurer Correctly Determined Coverage Based On Insureds’ Contractual Choice to Limit Uim Amounts, and Where No Other Form of Bad Faith Aside From Coverage Denial Was Pleaded (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 22, 2014, previously published on October 16, 2014
In Davis v. Allstate Property & Casualty Company, the UIM plaintiff brought claims for breach of contract and bad faith, based upon an alleged failure to pay $600,000 in connection with a fatal car accident. The court found, however, that the insureds had complied with all the requirements...

 

HTMLNew J-1 Regulation Requires Annual Audits, Reports to Department of State
Fragomen Del Rey Bernsen Loewy LLP;
Legal Alert/Article
October 20, 2014, previously published on October 8, 2014
An interim final rule from the Department of State (DOS) advances new requirements for J-1 program sponsors: to undergo annual management reviews of their internal controls and to file yearly reports with DOS.

 

Adobe PDFVAT Groups: Potential VAT Costs for Financial Groups as ECJ Recognises Intra-Entity Supplies between US Head Office and VAT-Grouped Branch
Sullivan Cromwell LLP;
Legal Alert/Article
October 19, 2014, previously published on October 10, 2014
The European Court of Justice has decided that IT services provided by Skandia America Corporation to its Swedish branch should be recognised for VAT purposes because the Swedish branch was part of a VAT group.

 

HTMLNo Bad Faith Claim Stated For Denial Or Delay On Disability Policy Where Material Issues Of Fact Concerning Reliance On Consultants And Causes Of Delay Made Outcome "Fairly Debatable"; No Statutory Attorney's Fees Available On First Party Claims (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 9, 2014
In Onex Credit v. Atrium 5 Ltd., a company has purchased a disability policy on its CEO. The policy provided that if the terms were met, the company could receive a large lump sum payment. There were numerous conditions and exclusions, and after a lengthy investigation by the carrier’s...

 

HTMLNew Jersey Trial Judge Dismisses Bad Faith Claim Where Disputed Facts Would Not Permit Insured To Obtain Summary Judgment On Substantive Coverage Claims (New Jersey Law Division, Bergen County)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 10, 2014
In Omega Financial Services v. Aspen Specialty Insurance Company, a New Jersey Superior Court Law Division case, the court addressed whether a mortgage broker’s claims for indemnification were excluded under its professional liability policy, as well as the insured’s bad faith claim....

 

HTMLFlorida Appeals Court: In First-Party Coverage Dispute, Ruling That Insurer Breached Contract Is Not Prerequisite to Insured’s Filing a Bad Faith Claim
Kenneth L. Baker; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 18, 2014, previously published on October 13, 2014
Under Florida law, must a policyholder first prevail on a breach of contract action against the insurer before a bad faith claim may be filed? No, said a majority of the Florida Fourth District Court of Appeal, en banc (the entire court, rather than just a panel of selected judges) in Cammarata v....

 

HTMLNew Jersey Federal Judge Elucidates How Insureds Adequately Plead Bad Faith Under Twombly To Avoid Dismissal Under "Fairly Debatable" Standard (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 8, 2014
Laing v. American Strategic Insurance Corporation is a Hurricane Sandy case, alleging that the insurer failed to properly adjust the claim and underpaid under the terms of the policy. The insureds alleged that the insurer both misrepresented the scope of the insurance policy and made false...

 


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