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|Oregon Federal District Court Rejects Coverage for Trademark Infringement Under Coverage B|
Jonathan L. Schwartz, Colin B. Willmott; Goldberg Segalla LLP;
November 26, 2014, previously published on November 18, 2014In Crum & Forster Specialty Insurance Co, v. Willowood USA, LLC, et al., Civ. No. 6:13-cv-01923-MC, 2014 U.S. Dist. LEXIS 153363 (D. Or. Oct. 27, 2014), the district court of Oregon granted summary judgment in favor of Crum & Specialty Insurance Company, Allied World Assurance Company, and...
|Drafting History or Purpose Does Not Undermine Plain Language: Illinois Federal Court Enforces Insured-Versus-Insured Exclusion|
Kevin P. Lolli, Jonathan L. Schwartz; Goldberg Segalla LLP;
November 26, 2014, previously published on November 24, 2014In Travelers Casualty & Surety Co. of America v. Bernhardt, 2014 U.S. Dist. LEXIS 152416 (N.D. Ill. Oct. 28, 2014), the Northern District of Illinois granted summary judgment in favor of Travelers Casualty and Surety Company of America (Travelers), finding it had no duty to defend or indemnify...
|District of Massachusetts Finds Coverage Under a Professional Liability Policy in Underlying Case Centered on Unfair Competition|
Jacquelyn Burke; Edwards Wildman Palmer LLP;
November 25, 2014, previously published on November 12, 2014On October 28, the United States District Court for the District of Massachusetts denied an insurer’s motion for summary judgment in a coverage action it had brought against its insured on a professional liability policy, an insurance broker who specialized in the placement of professional...
|UK: Commercial Court Awards Declaratory Relief and Specific Performance Order to Insurers|
Edwards Wildman Palmer LLP;
November 25, 2014, previously published on October 27, 2014Following the Supreme Court’s determination as to jurisdiction and the Court of Appeal’s ruling on the substantive issues, the case of Starlight Shipping v Allianz Marine ( EWHC 3068 (Comm)) returned to the Commercial Court for two further issues to be decided.
|Final Regulations Regarding Limited Scope Vision and Dental Benefits and Employee Assistance Programs as Excepted Benefits|
Dan Brown, Kenneth B. Schnoll; Dentons Canada LLP;
November 17, 2014, previously published on October 1, 2014On October 1, 2014, the US Department of Treasury issued final regulations (the "Regulations") regarding limited-scope vision and dental benefits and employee assistance programs as excepted benefits for purposes of the Affordable Care Act.
|Revise and Refile Rate Proposal, Florida Office of Insurance Regulation Tells National Council on Compensation Insurance (NCCI)|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
November 17, 2014, previously published on November 05, 2014In an Order issued today, November 5, 2014, Florida Insurance Commissioner Kevin McCarty notified the National Council on Compensation Insurance ("NCCI") that its proposed 3.3 percent overall decrease in Florida workers' compensation rates has been disapproved.
|Carrier’s Investigation and Denial Of UIM Benefits Following Payment of First Party Medical Claim Not Bad Faith; Neither Length of Investigation Alone Nor Disputing Causation After Not Making it an Issue in Original Claim Create Bad Faith Per Se (Middle District)|
Fineman Krekstein Harris P.C.;
November 17, 2014, previously published on November 7, 2014In Shaffer v. State Farm Mut. Auto. Ins. Co., plaintiff and his wife brought a bad faith claim against their carrier after being denied UIM coverage, following payment of medical coverage on a first party claim. The claim resulted from a motor vehicle accident in which the other driver was...
|Eleventh Circuit holds that Standard for Georgia ROR is "Adequacy"|
L. Elizabeth Albright; Carlock, Copeland & Stair, LLP;
November 10, 2014, previously published on October 31, 2014In evaluating whether an insurer made a proper reservation of rights (ROR), the Eleventh Circuit Court of Appeals, in an unpublished opinion, held that whether the insurer fairly informed the insured of its coverage position is the proper standard in assessing whether coverage defenses were...
|Florida Supreme Court Holds Family Vehicle Exclusion Not in Conflict with PIP Law, Non-Stacking Uninsured Motorist Election by Named Insured Applies to All Insureds|
Matthew C. Scarfone; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
November 3, 2014, previously published on October 29, 2014In an opinion released on October 23, 2014, the Florida Supreme Court upheld a family vehicle exclusion in an automobile insurance policy issued by Travelers Commercial Insurance Co. ("Travelers"), and held that a "non-stacking" uninsured motorist ("UM") coverage...
|Authorized Louisiana Homeowners Insurers Must File Annual Loss, Policy Data By May 1, 2015|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
October 30, 2014, previously published on October 22, 2014Failure to comply with Act 427, a new Louisiana homeowners' insurance data reporting law, could result in insurer fines of $10,000 a month, Louisiana Insurance Commissioner Jim Donelon warned in Advisory Letter 2014-05 issued on October 15, 2014.