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HTMLRating Bills Highlight Florida House and Senate Insurance Committee Action Today--February 17, 2015
Colodny Fass P.A.;
Legal Alert/Article
February 26, 2015, previously published on February 17, 2015
The Florida Senate Committee on Banking and Insurance Committee ("Committee") agenda included a bill sponsored by Senator Jeff Brandes relating to hurricane loss modeling in property and casualty rate filing.

 

HTMLTexas Department of Insurance Special Data Call to Private Passenger Auto Insurers Due March 2, 2015
Colodny Fass P.A.;
Legal Alert/Article
February 26, 2015, previously published on February 19, 2015
In Bulletin B-0004-15 issued yesterday, February 18, 2015, the Texas Department of Insurance ("TDI") issued a special data call for information from insurers writing private passenger automobile insurance in Texas.

 

HTMLFlood Insurance Reform Implementation Status--U.S. Government Accountability Office Reports to U.S. House Financial Services' Maxine Water
Colodny Fass P.A.;
Legal Alert/Article
February 26, 2015, previously published on February 19, 2015
In a report to U.S. House Financial Services Committee Ranking Member Maxine Waters (D-CA) today, February 19, 2015, the U.S. Government Accountability Office ("GAO") reviewed the Federal Emergency Management Agency's ("FEMA's") implementation of the Homeowner Flood Insurance...

 

HTMLNot so Fast - The Texas Supreme Court Shows Reluctance to Allow Claims for Spoliation of Evidence
Matthew A. Barley; Butler Snow LLP;
Legal Alert/Article
February 26, 2015, previously published on February 16, 2015
Not so Fast - The Texas Supreme Court Shows Reluctance to Allow Claims for Spoliation of Evidence In Wackenhut Corp. v. Gutierrez, 2015 Tex. LEXIS 112, 58 Tex. Sup. Ct. J. 289 (Tex. 2015), the Texas Supreme Court reversed the jury verdict against Wackenhut because a spoliation instruction was...

 

HTMLInsurance Topics We Will Be Watching in 2015
Bert Adams, Eric A. Arnold, Brian Barrett, B. Scott Burton, Thomas W. Curvin; Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 25, 2015, previously published on February 18, 2015
With the first month of the year behind us, this report outlines major insurance topics that we will be watching throughout 2015.

 

HTMLMissouri Court Finds That “Ineffective” Reservation of Rights Letters May Support Bad Faith Recovery Even in the Absence of Coverage
Carolyn A. Woodson; Jones Day;
Legal Alert/Article
February 25, 2015, previously published on November 12, 2014
All too often, instead of sending reservation of rights letters that unambiguously inform the insured of the insurer’s coverage position, insurers send longwinded, generic letters with a cursory discussion of the claim’s facts, minimal (if any) coverage analysis, extensive policy...

 

HTMLThe “I” of the Storm: Insured vs. Insured Exclusion Found to be Ambiguous
Peter D. Laun; Jones Day;
Legal Alert/Article
February 25, 2015, previously published on December 29, 2014
When banks fail, the FDIC generally steps in as receiver. Seemingly inevitably, these bank failures result in claims by the FDIC, acting as receiver for the failed bank, its creditors, its shareholders, etc.

 

HTMLUtah Joins the Growing Fold: Damage From a Faulty Product is an Occurrence Under a CGL Policy
Peter D. Laun; Jones Day;
Legal Alert/Article
February 25, 2015, previously published on December 15, 2014
Joining a clear trend of state and federal courts rejecting insurance industry arguments that property damage resulting from faulty workmanship or defective products cannot be an “occurrence” under a CGL policy, the 10th Circuit, applying Utah law, held that damage to third-party...

 

HTMLMaryland Federal District Court Lacks Subject Matter Jurisdiction to Hear Life Insurance Case Where Plaintiffs Did not Sustain any Injuries Within the Meaning of Article III
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Jeffrey Higdon, As Trustee Of The Life Insurance Trust Dated November 1, 1991 v. Lincoln National Insurance Co. et al., Plaintiff Jeffrey F. Higdon, as Trustee of the John J. Germenko Life Insurance Trust Dated November 1, 1991 (the “Trust”), sought to recover the death benefits of...

 

HTMLFederal Court Rejects “Stacking” Consecutive Insurance Policies But Applies Highest Coverage Limit
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 23, 2015
The Insured operated a New Mexico brine well facility involved in solution mining of salt from brine water from 1995 to 2008. In a state court lawsuit, a neighboring property owner sued the Insured for property damage caused by the mining operation (specifically, damages caused when the roof of the...

 


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