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HTMLLegal Updates for Coverage and Bad Faith
Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
February 19, 2015, previously published on December 1, 2014
PA Supreme Court rejects multiple trigger for property damage cases. In this significant Pennsylvania Supreme Court decision, the Court considered whether, pursuant to the facts of this case and the policy language at issue, Penn National is liable for the judgment against its insured under a...

 

HTMLComp Insurers Remain Concerned over the Expiration of the Terrorism Risk Insurance Act (TRIA)
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on January 7, 2015
We live in a world where terrorism unfortunately poses genuine insurance risks. The Terrorism Risk Insurance Act (TRIA) was passed by President George W. Bush on November 26, 2002 to establish a backstop for insurance claims arising from acts of terrorism. This coverage includes workers’...

 

HTMLLimitations Period in Fire Policy Upheld
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on November 14, 2014
In Rihanna Corp. v. Certain Underwriters at Lloyd’s of London, 2014 N.J. Super. Unpub. LEXIS 2216 (App. Div. Sept. 11, 2014), the plaintiff insureds sought payment under a certain business owner’s insurance policy for a fire loss suffered by Rihana Restaurant. The defendant insurance...

 

HTMLFlorida Office of Insurance Regulation Reminds Insurers that 'Sliding' Violates Unfair Insurance Trade Practices Act
Colodny Fass P.A.;
Legal Alert/Article
February 18, 2015, previously published on February 09, 2015
In Bulletin OIR-15-01M dated February 3, 2015 (but published today, February 6), the Florida Office of Insurance Regulation ("OIR") reminded Florida insurers to refrain from engaging in practices that violate Florida's Unfair Insurance Trade Practices Act and its prohibition against...

 

HTMLMissouri Insurance Director John M. Huff To Serve As NAIC President-Elect
Colodny Fass P.A.;
Legal Alert/Article
February 18, 2015, previously published on February 09, 2015
During a special Plenary meeting of the National Association of Insurance Commissioners ("NAIC") yesterday, February 8, 2015, members elected Missouri Insurance Director John M. Huff to fill the vacant position of NAIC President-Elect, which was vacated on January 20 when now-former...

 

HTMLDifferent States Impose Different Limitations on Indemnity and Additional Insured Provisions
Sarah E. Carson; Smith, Currie & Hancock LLP;
Legal Alert/Article
February 18, 2015, previously published on January 21, 2015
Indemnity provisions, also known as hold harmless agreements, are frequently included in construction contracts to transfer the risk of third-party claims. Indemnity agreements involve a promise by which one party (the indemnitor) makes another party (the indemnitee) whole for a loss that the other...

 

HTMLNew York Environmental Commissioner Will Issue an Order Early Next Year Banning “Fracking,” Under a Moratorium Since 2008
Alexander L. Betke, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 22, 2014
In a much-anticipated report, the New York State Department of Health has concluded that high-volume hydraulic fracturing (HVHF) should be banned statewide. In a nutshell, the Department found that there was insufficient scientific evidence that fracking was safe. The report stated in relevant part...

 

HTMLCitizens Property Insurance Presentation, 9-Member Panel, Unlicensed Public Adjusters and Reform Proposals on Today's Florida House Assignment of Benefits Workshop Agenda
Colodny Fass P.A.;
Legal Alert/Article
February 18, 2015, previously published on February 09, 2015
A packed agenda awaits members of the Florida House of Representatives' Insurance and Banking Subcommittee during its Assignment of Benefits ("AOB") Workshop scheduled today, February 9, 2015, from 4 p.m. to 6 p.m. A section of the time has been reserved for public testimony.

 

HTMLDevelopments in Missouri Bad Faith Law: Scottsdale Insurance
Angela M. Higgins; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
February 18, 2015, previously published on December 16, 2014
The bad faith environment in Missouri is generally hostile to carriers, with marked movement toward plaintiffs in the last ten years. The Missouri Supreme Court has now issued a ruling in Scottsdale Ins. v. Addison Ins. Co., Case No. SC93792 (on transfer from the Western District Court of Appeals)...

 

HTMLFlorida's Sinkhole Insurance Claim Database Reporting Rule Proposed for Repeal
Colodny Fass P.A.;
Legal Alert/Article
February 18, 2015, previously published on February 13, 2015
A Rule requiring insurers to electronically submit data for all sinkhole or catastrophic ground cover collapse claims (confirmed on or after January 1, 2005) to the Florida Department of Financial Services' Division of Consumer Services is proposed for repeal.

 


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