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|Arizona Court of Appeals Confirms "Subcontractor Exception" to "Your Work" Exclusion Does Not Apply to Additional Insured General Contractor Seeking Coverage For Defective Work of Named Insured Subcontractor|
Nathan D. Meyer, Micalann Charlotte Pepe; Jaburg Wilk;
February 17, 2017, previously published on February 8, 2017In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1 (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary judgment in favor of an Additional Insured General Contractor and found the...
|Britain Proposes New Framework Autonomous Vehicle Insurance|
Eversheds Sutherland (US) LLP;
February 17, 2017, previously published on February 16, 2017The British government has announced that it will consider new regulations to guarantee victims of accidents involving self-driving cars timely compensation in an effort to clear one of the largest obstacles to automated driving technology. Regulators and insurers have grappled with how to...
|Four-Corners Rule Carries the Day for Policyholders on Hurricane Claim|
Justin M. Guido; Rumberger, Kirk & Caldwell Professional Association;
February 15, 2017, previously published on January 23, 2017The Florida Supreme Court denied review of a Fourth District Court of Appeal's decision in State Farm Florida Insurance v. Richard Moody and Robert Denney, finding that it lacked jurisdiction to hear the case on review.
|U.S.-EU Covered Agreement: The Road Ahead|
Justin K. Kitchens, Hugo Laing, John S. Pruitt, Cynthia R. Shoss; Eversheds Sutherland (US) LLP;
February 14, 2017, previously published on February 13, 2017On Thursday, February 16, the Housing and Insurance subcommittee of the Financial Services Committee of the United States House of Representatives will hold a public hearing entitled, “Assessing the US-EU Covered Agreement.” This hearing may provide the first indication of whether the...
|Florida 4th DCA Reiterates Insurer's Negligence Not Enough to Sustain Bad Faith Claim|
Candy L. Messersmith; Rumberger, Kirk & Caldwell Professional Association;
February 9, 2017, previously published on January 16, 2017In GEICO v. Harvey, (Fla. 4th DCA Jan. 4, 2017), Florida’s Fourth District Court of Appeal held that the trial court erred in denying the insurer’s motion for directed verdict on the insured’s bad faith claim. In doing so, the Fourth District reminded courts and litigants that an...
|Nevada Becomes Latest State to Address Price Optimization|
Eversheds Sutherland (US) LLP;
February 7, 2017, previously published on February 7, 2017Nevada’s insurance commissioner recently issued a bulletin relating to price optimization. The bulletin reminds property and casualty insurers that their underwriting and rating models must be filed with the division of insurance for approval. This includes models based on credit information...
|Breach of Insurance Policy Subrogation Clause and Cooperation Clause Bar Property Damage Claim; Appellate Division Reverses Lower Court's Denial of Motion for Summary Judgment|
Abrams Gorelick Friedman Jacobson LLP;
February 3, 2017, previously published on January 5, 2017Plaintiff's property insurance policy contained terms requiring the insured to "do everything necessary to secure" and "do nothing after loss to impair" the defendant insurer's subrogation rights. A unanimous Appellate Division panel found that the plaintiff breached these terms...
|Court of Appeal Affirms Substantial Damages in Police Liability Case for Breaching Confidentiality|
Jonathan Chen, Douglas O. Smith; Borden Ladner Gervais LLP;
February 2, 2017, previously published on January 12, 2017In February 2015, the Superior Court of Justice awarded substantial damages against the Durham Regional Police Services Board ("Police") for releasing the identity of an alleged confidential informant. That decision was recently upheld by the Ontario Court of Appeal in Nissen v. Durham...
|A New Compulsory Insurance Scheme for Vessels Carrying Passengers|
Nils Goeteyn, Robin Squires; Borden Ladner Gervais LLP;
January 30, 2017, previously published on January 17, 2017Right before the holidays, on December 24, 2016, the Government of Canada gave notice under Part 1 of the Canada Gazette of new proposed regulations dealing with compulsory insurance of passenger vessels under the Canadian Marine Liability Act. The Regulations respecting compulsory insurance for...
|New Book Recommends Regulators take a Proactive Approach to Driverless Cars|
Sutherland Asbill Brennan LLP;
January 25, 2017, previously published on January 24, 2017A driverless license is a good start, but a significant amount more research and exploration of regulatory oversight is needed. Ideally, the highest levels of the government should adopt a proactive, rather than reactive, approach.