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HTMLFlorida Supreme Court Rules that in a UM Case the Insurer is Bound by the Damages Found in the UM Case and that Trial Court may Reserve Jurisdiction in Judgment to Allow Plaintiff to Amend to Add Bad Faith Claim
Conroy Simberg;
Legal Alert/Article
March 30, 2016, previously published on February 26, 2016
On February 25, 2016, in the case of Fridman v. Safeco Ins. Co. of Illinois, Case No. SC13-1607, the Florida Supreme Court issued a very significant ruling concerning the timing and procedure for bad faith claims inninsured/underinsured motorist (UM) cases. At issue in the case was whether the...


HTMLMichigan: Federal Law May Pre-empt Health Insurance Claims Assessment Act After All
Chad Arfons, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
March 24, 2016, previously published on March 17, 2016
In June of 2011, Governor Snyder signed the Health Insurance Claims Assessment Act (Act), which imposed a one percent assessment on health-related services performed in Michigan and paid by employer sponsored health plans and other third-party carriers. The law went into effect on January 1, 2012....


HTMLOhio Supreme Court Signals Narrow Application of Ohio’s Inferred Intent Doctrine
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 23, 2016, previously published on March 1, 2016
In Granger v. Auto-Owners Insurance, 40 N.E.3d 1110 (Ohio 2015), the Ohio Supreme Court was afforded its first opportunity since Allstate Insurance Company v. Campbell, 942 N.E.2d 1090 (Ohio 2010) to clarify the reach of Ohio’s inferred intent doctrine, which automatically triggers an...


HTMLMassachusetts Supreme Judicial Court Rejects "Selective Tender Rule" As Exception to Doctrine of Equitable Contribution Among Co-Insurers
Nicholas C. Cramb, Lavinia Weizel; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 21, 2016, previously published on March 8, 2016
On Monday, March 7, 2016, the Massachusetts Supreme Judicial Court (“SJC”) rejected the “selective tender rule” as contrary to Massachusetts insurance law and sound public policy in Insurance Company of the State of Pennsylvania v. Great Northern Insurance Company. In...


HTMLWhen Does Bad Faith Three Year Statute Of Limitations In Delaware Begin?
William R. Adams; Dickie, McCamey & Chilcote, P.C.;
Legal Alert/Article
March 17, 2016, previously published on March 8, 2016
The question as to when the statute of limitations begins for a bad faith failure to settle a third-party lawsuit claim in Delaware remained unanswered until Friday, March 4, 2016.


HTMLComments on Texas Windstorm Insurance Association Inspection Rule Due March 21, 2016
Colodny Fass P.A.;
Legal Alert/Article
March 17, 2016, previously published on March 10, 2016
The Texas Department of Insurance posted an informal working draft and seeks stakeholder comment on amendments that would update 28 TAC §5.4605, relating to Items Not Requiring an Inspection for the Purposes of Windstorm and Hail Insurance Coverage through the Texas Windstorm Insurance...


HTMLNew System Aids LA Police Identify Drivers with Lapsed Policies
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 8, 2016, previously published on March 7, 2016
A new monitoring system is being launched in Louisiana to assist police with enforcement of a state requirement that drivers are up to date on paying their auto insurance premiums. The system will pull reports from insurers and provide the data to the state Office of Motor Vehicles (OMV) and to...


HTML”Potentiality” is Key to Insurer’s Duty to Defend
Talley H-S Kovacs; Pessin Katz Law, P.A.;
Legal Alert/Article
March 8, 2016, previously published on February 12, 2016
Talley’s Tip: In Maryland, a liability insurer has a duty to defend an insured against any and all potentially covered claim(s) made against that insured in a lawsuit. In a frequently cited case called Brohawn v. Transamerica Insurance Company, 276 Md. 396, 407-408 (1975), Maryland’s...


Adobe PDFThe New Fire in the Warehouse
Patricia McHugh Lambert, Gregory S. Weiner; Pessin Katz Law, P.A.;
Legal Alert/Article
March 8, 2016, previously published on February 10, 2016
So much has been written about cyber liability that people can become numb to the topic. After all, how many times can we read about the 2013 data breach that impacted all of Target’s United States locations and how that event is still impacting the company’s operations, earnings, and...


HTMLNew Auto Body Labor Rate Survey Regulations
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 7, 2016, previously published on March 4, 2016
The Rhode Island Department of Business Regulation recently adopted amendments to regulations in the Division of Insurance and the Division of Commercial Licensing governing auto body labor rate surveys. The amendments provide that insurers writing less than 1% of the total premium volume of auto...


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