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HTMLAdditional NAIC Accreditation Standards on Corporate Governance, Annual Disclosure Models Open For Comment Until November 7, 2014
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 17, 2014, previously published on October 9, 2014
The National Association of Insurance Commissioners ("NAIC") is seeking comments by November 7, 2014 on two draft documents that will be considered for discussion and adoption at the NAIC's 2014 Fall Annual Meeting from November 16-19 in Washington D.C.

 

HTMLFlorida Hurricane Loss Mitigation Program Update Issued in Advance of Today's Catastrophe Fund Advisory Council Meeting
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 17, 2014, previously published on October 14, 2014
The Florida Division of Emergency Management ("DEM") has issued an update on the Hurricane Loss Mitigation Program in advance of the Florida Hurricane Catastrophe Fund ("FHCF") Advisory Council meeting today, October 14, 2014.

 

HTMLEvents Outside Our Control - How Can Owners and Operators Contractually Control the Consequences?
Andrew P. B. MacGeoch, Emily I. C. Wong; Mayer Brown JSM;
Legal Alert/Article
October 14, 2014, previously published on October 7, 2014
By definition a force majeure is an event outside the control of the parties. However, the parties to a hotel management contract can seek to control some of the consequences, including the allocation of risks, as between the hotel owner and operator.

 

HTMLNational Insurance Industry Trade Organizations Register Concerns Over Florida Bar Opinion On Unlicensed Practice of Law
Maria Elena Abate, Wes Strickland; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
Legal Alert/Article
October 13, 2014, previously published on October 7, 2014
Four insurance industry trade organizations--three of them national in scope--submitted comments to the Florida Supreme Court last week on a Proposed Advisory Opinion ("PAO") they believe could be misconstrued to inhibit the everyday functions of insurance adjusters, risk managers,...

 

Adobe PDFFederal Insurance Office Report: The Federal Insurance Office Releases 2014 Annual Report on the Insurance Industry
Sullivan Cromwell LLP;
Legal Alert/Article
October 10, 2014, previously published on October 3, 2014
On September 24, 2014, the Federal Insurance Office (“FIO”) released its 2014 Annual Report on the Insurance Industry (“Report”), as mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). The Report provides an overview...

 

HTMLAfter Jury Verdict for Disability Insurer in Bad Faith Case, Court Found that (1) Limited Disclosure of Evidence on Regulatory History Was Within The Court’s Discretion; (2) Allowing Wide Latitude on Cross of Expert Met Daubert; And (3) Jury Had Sufficient Evidence, Taken in Light Most Favorable to the Verdict Winner, to Rule as It Did (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 29, 2014
In Leporace v. New York Life and Annuity Corp., involving a disability policy, the jury found for the insurer on the contractual and statutory bad faith claims. In summarizing the law on both causes of action, Judge Baylson looked to Judge McLaughlin’s Dewalt opinion in addressing the...

 

HTMLCourt Gives Parties 60 Days to Do Discovery to Determine If Policy Falls Within Safe Harbor to ERISA Preemption (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 26, 2014
In Van Arsdel v. Liberty Mutual Insurance Company, the insurer sought dismissal of state law claims, including bad faith, based upon ERISA pre-emption. The insured responded that there were questions of fact as to whether ERISA covered the insurance at issue or whether it fell under ERISA’s...

 

HTMLCourt Determines Time When Insurer Reasonably Anticipated in Litigation in Deciding Discovery Disputes Over Work Product Protection vs. Discoverable Ordinary Business Records; Sides With Those District Courts in the Third Circuit Allowing for Discovery of Reserves; And Refuses to Allow Mere Allegation of Bad Faith to Blow Up Work Product Protections (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 23, 2014
In Borgia v. State Farm Mutual Automobile Insurance Co., the court addressed discovery disputes in the context of UIM breach of contract and bad faith claims, based on refusal to pay the $750,000 policy limits and alleged unreasonable delays in claim processing. The insured had sustained serious...

 

HTMLInsurer’s Arguments that Bad Faith Statute Did Not Encompass Policy Solicitation Conduct or Post-Claims Underwriting Were Inapposite Where Insured Alleged that Insurer Used Allegedly Fraudulent Application Forms as a Basis to Deny Coverage (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 30, 2014
In Fields v. Gerber Life Insurance Company, the case involved an out-of-state insurer licensed to sell endowment life insurance policies, marketed as college savings plans, through the internet and telephone. Plaintiff obtained a policy for her seriously infirm infant grandson. She was forthcoming...

 

HTMLFlorida Insurer Solvency, Linked Confidentiality Laws Effective October 1, 2014
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 8, 2014, previously published on October 2, 2014
Two linked Florida bills that adopt National Association of Insurance Commissioners ("NAIC") accreditation standards for insurer solvency became effective yesterday, October 1, 2014, unless otherwise provided.

 


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