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|Automakers Reach out to Auto Insurers on Recalls|
Sutherland Asbill Brennan LLP;
April 14, 2016, previously published on April 13, 2016Two associations representing the largest automakers in the world have asked the auto insurance industry to assist them by reminding insureds of recalls when they renew their policies. The Alliance of Automobile Manufacturers and the Association of Global Automakers made their request in letters to...
|Pitfalls In Cyberinsurance Coverage - Not Your Grandfather’s Auto-Insurance Policy|
Carl "Chuck" N. Kunz; Morris James LLP;
April 5, 2016, previously published on January 27, 2016In the current maelstrom of data breaches, Federal Trade Commission enforcement actions and calls to secure data, insurance carriers are pushing out more and more cybersecurity products each year. Unfortunately for the buyer, while there are many cyberinsurance products and services, there is...
|California Proposes Anti-Steering Regulation Focusing on Deceptive Statements|
Sutherland Asbill Brennan LLP;
April 1, 2016, previously published on March 30, 2016Through a recently proposed regulation, the California Department of Insurance seeks to amend the rules preventing insurers from steering claimants to specific auto repair shops. The proposed amendments relate to a variety of issues, such as when a claimant has “chosen” an automotive...
|Florida Supreme Court Rules that in a UM Case the Insurer is Bound by the Damages Found in the UM Case and that Trial Court may Reserve Jurisdiction in Judgment to Allow Plaintiff to Amend to Add Bad Faith Claim|
March 30, 2016, previously published on February 26, 2016On February 25, 2016, in the case of Fridman v. Safeco Ins. Co. of Illinois, Case No. SC13-1607, the Florida Supreme Court issued a very significant ruling concerning the timing and procedure for bad faith claims inninsured/underinsured motorist (UM) cases. At issue in the case was whether the...
|Michigan: Federal Law May Pre-empt Health Insurance Claims Assessment Act After All|
Chad Arfons, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
March 24, 2016, previously published on March 17, 2016In June of 2011, Governor Snyder signed the Health Insurance Claims Assessment Act (Act), which imposed a one percent assessment on health-related services performed in Michigan and paid by employer sponsored health plans and other third-party carriers. The law went into effect on January 1, 2012....
|Ohio Supreme Court Signals Narrow Application of Ohio’s Inferred Intent Doctrine|
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 23, 2016, previously published on March 1, 2016In Granger v. Auto-Owners Insurance, 40 N.E.3d 1110 (Ohio 2015), the Ohio Supreme Court was afforded its first opportunity since Allstate Insurance Company v. Campbell, 942 N.E.2d 1090 (Ohio 2010) to clarify the reach of Ohio’s inferred intent doctrine, which automatically triggers an...
|Massachusetts Supreme Judicial Court Rejects "Selective Tender Rule" As Exception to Doctrine of Equitable Contribution Among Co-Insurers|
Nicholas C. Cramb, Lavinia Weizel; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 21, 2016, previously published on March 8, 2016On Monday, March 7, 2016, the Massachusetts Supreme Judicial Court (“SJC”) rejected the “selective tender rule” as contrary to Massachusetts insurance law and sound public policy in Insurance Company of the State of Pennsylvania v. Great Northern Insurance Company. In...
|When Does Bad Faith Three Year Statute Of Limitations In Delaware Begin?|
William R. Adams; Dickie, McCamey & Chilcote, P.C.;
March 17, 2016, previously published on March 8, 2016The question as to when the statute of limitations begins for a bad faith failure to settle a third-party lawsuit claim in Delaware remained unanswered until Friday, March 4, 2016.
|Comments on Texas Windstorm Insurance Association Inspection Rule Due March 21, 2016|
Colodny Fass P.A.;
March 17, 2016, previously published on March 10, 2016The Texas Department of Insurance posted an informal working draft and seeks stakeholder comment on amendments that would update 28 TAC §5.4605, relating to Items Not Requiring an Inspection for the Purposes of Windstorm and Hail Insurance Coverage through the Texas Windstorm Insurance...
|”Potentiality” is Key to Insurer’s Duty to Defend|
Talley H-S Kovacs; Pessin Katz Law, P.A.;
March 8, 2016, previously published on February 12, 2016Talley’s Tip: In Maryland, a liability insurer has a duty to defend an insured against any and all potentially covered claim(s) made against that insured in a lawsuit. In a frequently cited case called Brohawn v. Transamerica Insurance Company, 276 Md. 396, 407-408 (1975), Maryland’s...