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HTMLConclusory Legal Allegations are Insufficient to State Bad Faith Claim under Twombly/Iqbal, But Court Gave Plaintiff Opportunity to Amend and Cure Pleading Deficiencies (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on June 27, 2014
In Warnstorff v. State Farm Automobile Insurance Company, the insured brought a bad faith claim against its carrier for unreasonably delaying the evaluation of her underinsured motorist claim, and withholding payment. The plaintiff alleged four specific actions in her complaint which she claimed...

 

HTMLSCOTUS Affirms Bankruptcy Court Authority and Expounds Approach to Adjudicating Stern Claims
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 9, 2014, previously published on June 2014
In Executive Benefits Insurance Agency v. Arkison, the Supreme Court clarified their 2011 holding in Stern v. Marshall, 131 S. Ct. 2594 (2011). Under Stern, bankruptcy courts no longer had the authority to enter judgments in certain “core” bankruptcy claims, a power that Article III of...

 

HTMLWhat Happens When The Limitations Provision in the Plan As Applied Creates An Impossible Accrual Date?
Violet H. Borowski, Mark E. Schmidtke; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published by          on June 29, 2014
Approximately six months ago, the Supreme Court of the United States, in Heimeshoff v. Hartford Life & Accident Insurance Co., 134 S. Ct. 604 (2013), addressed whether an employee benefit plan covered by the Employee Retirement Income Security Act (ERISA) may include a particular limitations...

 

HTMLDivisional Court Allows Examinations By Non-Health Practitioners: Ziebenhaus v.Bahlieda, 2014 Onsc 138
Kathryn Shani; Borden Ladner Gervais LLP;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
The Divisional Court recently held that a Superior Court Judge has inherent jurisdiction to order a party to be examined by a non-health practitioner.

 

HTMLNancy Grodin Named Deputy Maryland Insurance Commissioner
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 8, 2014, previously published on July 1, 2014
Maryland Insurance Commissioner Therese M. Goldsmith announced the appointment of Ms. Nancy Grodin as Deputy Insurance Commissioner, effective today, July 1, 2014. As Deputy Commissioner, Ms. Grodin will oversee day-to-day operations of the Maryland Insurance Administration ("MIA").

 

HTMLFlorida Office of Insurance Regulation Hearing on Proposed Repeals to Civil Remedy Filing, Continuing Education Rules Not Requested
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 8, 2014, previously published on June 19, 2014
A Florida Office of Insurance Regulation ("OIR") Proposed Rule Hearing scheduled for today, June 19, 2014, was not held, since no formal public request to do so had been made.

 

HTMLInsurers Beginning Data Call Uploads on Florida Hurricane Catastrophe Fund's New Web-Based Reporting System
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 8, 2014, previously published on July 2, 2014
The Florida Hurricane Catastrophe Fund ("FHCF") advised this afternoon that FHCFWIRE, a new Web-based reporting system, received its first 2014 Data Call file uploads from participating insurers yesterday, July 1, 2014.

 

HTMLNAIC Survey Solicits Feedback on Amounts of Reinsurance Collateral Required of Certified Reinsurers
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
As originally set forth by its 2008 Reinsurance Regulatory Modernization Framework Proposal, the National Association of Insurance Commissioners ("NAIC") has once again committed to re-examine the amounts of reinsurance collateral required of certified reinsurers that are licensed and...

 

HTMLClass Action Rico and Antitrust Suit Filed Against Insurance Industry
Robert M. Ferm, Kenneth H. Lyman, Lisa F. Mickley, Kevin E. O'Brien; Hall & Evans, L.L.C.;
Legal Alert/Article
July 7, 2014, previously published on June 25, 2014
A class action lawsuit was filed against the insurance industry in the United States District Court, District of Colorado, on June 21, 2014. The suit names more than 100 insurers writing property policies, as well as trade groups and other trade and business organizations, such as ACORD...

 

HTMLJudge Rambo of the Middle District of Pennsylvania Addresses Scope of Bad Faith Discovery in the Post-Koken World
Thomas Thomas Hafer LLP;
Legal Alert/Article
July 7, 2014, previously published on May 30, 2014
One current battle ground in UIM and bad faith litigation is the parameters and timing of discovery in support of bad faith claims. Judge Sylvia H. Rambo addressed the scope of this bad faith discovery in Keefer v. Erie Insurance Exchange (No. 1:13-CV-1938)(M.D. Pa. March 7, 2014) where the UIM and...

 


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