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|Court Denies Carrier's Summary Judgment Motion Because Insured Alleged Conduct Which A Jury Could Find Amounts To Bad Faith (Middle District)|
Fineman Krekstein Harris P.C.;
April 4, 2014, previously published on April 3, 2014In Universal Underwriters Ins. Co. v. J. Murray Co., an insured automotive dealer, service center, and financier purchased an insurance policy from the defendant-carrier to insure property at its place of business. During Tropical Storm Lee in September 2011, the insured suffered $1,700,000 in...
|No Liability For Potholes|
Jonathan Chen; Borden Ladner Gervais LLP;
April 2, 2014, previously published on April 1, 2014The Ontario Superior Court of Justice recently dismissed an action against the Municipality of Dutton/Dunwich (the “Municipality”) for failing to maintain a gravel roadway in a claim arising from a motor vehicle accident. The trial dealt solely with liability as damages had previously...
|United States District Court for the District Of Maryland Finds That Insured Can Plead Quasi-Contract Claims alongside Claims for Breach of Express Contract|
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
April 2, 2014, previously published on March 2014In American Home Assurance Company v. KBE Building Corporation, the United States District Court for the District of Maryland denied an insurer's motion to dismiss quasi-contract and tort claims brought by an insured in a coverage dispute case. Writing for the Court, Judge Catherine C. Blake held...
|International Insurance Relations (G) Committee Spring NAIC Meeting|
Zachary N. Lerner; Edwards Wildman Palmer LLP;
April 1, 2014, previously published on March 31, 2014The International Insurance Relations (G) Committee (the “Committee”) Spring NAIC Meeting focused primarily on providing updates to efforts made in the international sphere by the NAIC. Commissioner Consedine of Pennsylvania gave an update on the International Association of Insurance...
|Report to NAIC on Captives: The Controversy About Principle-Based Reserves and Captives Continues|
Duane Morris LLP;
April 1, 2014, previously published on March 27, 2014The use by life insurance companies of captive reinsurance companies to finance XXX and AXXX reserves has been a significant and contentious issue in recent years. Some members of the National Association of Insurance Commissioners (the "NAIC") are deeply opposed to captive-based...
|Florida Office of Insurance Regulation Amending Reinsurance Collateral Rules; Workshop Scheduled for April 2|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
April 1, 2014, previously published on March 27, 2014The Florida Office of Insurance Regulation ("OIR") has scheduled a Rule Development Workshop for April 2, 2014 at 9:30 a.m. (ET) to address proposed changes to Florida's reinsurance collateral regulations. To be held only if requested in writing by a member of the public, the Workshop...
|We’re Insured for That; Aren’t We?|
Erik W. Fox, Douglas S. Levy; Rees Broome, PC;
March 31, 2014, previously published on March 2014Insurance policies are complicated. They aren’t fun to read, and they are very hard to understand. Unfortunately, insurance policies are also very important. Thousands and thousands of dollars are often at stake when it comes to annual premiums and insurance claim.
|We’re Insured for That, Aren’t We?|
Erik W. Fox, Douglas S. Levy; Rees Broome, PC;
March 31, 2014, previously published on March 2014Insurance policies are complicated. They aren’t fun to read, and they are very hard to understand. Unfortunately, insurance policies are also very important. Thousands and thousands of dollars are often at stake when it comes to annual premiums and insurance claims.
|Wyoming Supreme Court Vacates on Procedural Grounds a Lower Court Decision Holding Ingredients in Fracking Fluid Formulas Qualify as “Trade Secrets”|
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 31, 2014, previously published on March 19, 2014On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of the Wyoming Public Records Commission (Commission) that the ingredients in...
|Oklahoma Federal Court Dismisses Argument that New Force-Placed Insurance Regulation is Retroactive|
David A. Elliott, Seth I. Muse; Burr & Forman LLP;
March 28, 2014, previously published on March 24, 2014This action is one of the first decisions issued regarding the forced-placed insurance provision pursuant to the new mortgage servicing regulations under the “Dodd-Frank Wall Street Reform and Consumer Protection Act” (“Dodd-Frank”). In Ali, Plaintiff brought suit against...