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HTMLRevised NAIC Price Optimization White Paper Comments Due September 8, 2015
G. Donovan Brown; Colodny Fass, P.A.;
Legal Alert/Article
August 17, 2015, previously published on August 16, 2015
The National Association of Insurance Commissioners' ("NAIC's") Casualty Actuarial and Statistical Task Force met at the 2015 Summer National Meeting yesterday, August 15, 2015, during which regulators discussed substantive changes to the draft Price Optimization White Paper ("White...

 

HTMLFlorida Hurricane Catastrophe Fund to Require Reporting of Insured Addresses by September 1, 2015
Wes Strickland; Colodny Fass, P.A.;
Legal Alert/Article
August 17, 2015, previously published on August 14, 2015
All insurers that participate in the Florida Hurricane Catastrophe Fund (the "Cat Fund") will be required to report the street addresses of their policyholders' properties as part of the annual Cat Fund data call due to be filed September 1, 2015. The addition of street-level addresses of...

 

HTMLLimiting or Disposing of Insurance Claims and Lawsuits by Utilizing Bankruptcy Records and the Doctrine of Judicial Estoppel
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
Judicial estoppel precludes a party from assuming inconsistent positions in separate legal actions. If a party takes one position in a prior legal action, he or she cannot take a different position on the same issue in a subsequent action. The doctrine of judicial estoppel is intended to guard the...

 

HTMLNow You See It! Now You Don’t! Self-Deleting Apps & Spoliation
Brad E. Haas; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
As a litigator in this world of constantly emerging technology, it can be impossible to predict what the future may hold. Imagine handling a case in which an opposing party has admitted to sending hundreds of relevant pictures, emails and text messages, all of which have since been deleted, not...

 

HTMLAre Your Rights Reserved?
Margaret M. Jenks; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
On April 15, 2015, in the case of Erie Ins Exch. v. Lobenthal, 114 A.3d 832 (Pa. Super. 2015), the Pennsylvania Superior Court addressed the validity of a reservation of rights letter issued by the insurer. The Superior Court found that two separate reservation of rights letters were both...

 

HTMLOhio Precludes Insurance Coverage for Employer Intentional Torts
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
In the recent case of Hoyle v. DTJ Enterprises (In re Hoyle), 2015 U.S. Dist. LEXIS 595 (Ohio 2015), the Ohio Supreme Court effectively eliminated insurance coverage for employer intentional torts. It held that insurance policies that preclude coverage for acts committed with a deliberate intent to...

 

Adobe PDFCalifornia Supreme Court Allows Insurer to Sue Independent Counsel Directly for Reimbursement of Defense Costs in "Unusual" Procedural Setting
Payne Fears LLP;
Legal Alert/Article
August 13, 2015, previously published on August 2015
In a highly-anticipated decision regarding an insurer's rights against an insured's independent counsel, the California Supreme Court has ruled that an insurer may sue independent counsel for reimbursement of excessive defense costs if those costs were paid involuntarily pursuant to a trial-court...

 

Adobe PDFIndiana “No Pay, No Play” Statutes Impact Damages to Uninsured Motorists
Casey R. Stafford; Kightlinger & Gray, LLP;
Legal Alert/Article
August 13, 2015, previously published on August 2015
Indiana House Enrolled Act No. 1192, commonly referred to as a “no pay, no play” statute, went into effect July 1, 2015. It pertains to the damages that an insurer may not pay to an uninsured motorist in a motor vehicle insurance claim and that an uninsured motorist may not recover in a...

 

HTMLCan Plaintiff Board the Amount of Medical Expenses Billed or Merely the Amount Paid?
Armand J. Della Porta; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 13, 2015, previously published on September 1, 2015
A plaintiff is injured, allegedly due to the defendant’s negligence or defective product. The plaintiff seeks medical treatment for his injury and is billed by his medical provider. The amount paid by his insurance company is substantially less than the amount billed. The plaintiff files suit...

 

HTMLFlorida Office of Insurance Regulation Public Hearing on Citizens Property Insurance Rates Scheduled for August 25, 2015
Colodny Fass P.A.;
Legal Alert/Article
August 12, 2015, previously published on August 11, 2015
The Florida Office of Insurance Regulation ("OIR") has scheduled an August 25, 2015 public hearing on rates filed by Citizens Property Insurance Corporation that would become effective on February 1, 2016 for new and renewal business.

 


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