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HTMLNew Jersey Federal Court Determines Brillhart Abstention Remains “Robust” and Dismisses an Insurer’s Declaratory Judgment Complaint without Prejudice.
Christopher W. Woodward; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
An insurer filed a declaratory judgment action seeking a declaration that it owed no duty to defend its insured in an underlying state tort action. The federal court determined that the underlying claims against the insured were such that a coverage determination would require substantive...

 

HTMLUnder Replacement Cost Policies, Insurers Can Limit Insureds’ Claims for Damages by Using Cost of Repair Instead of Cost of Replacement.
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
The plaintiff’s custom-made kitchen cabinets were damaged from a water leak. The defendant insurer’s expert claimed that the kitchen cabinets could be restored for $2,585 or replaced for $19,065. When the defendant issued payment to the plaintiff for less than the replacement cost, the...

 

HTMLRational Differences in Claim Valuations Do Not Lead to an Inference of Bad Faith on the Part of an Insurer without More.
Christopher W. Woodward; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
In a bad faith action against an insurer for denial of UM benefits, the trial court granted the insurer’s motion for summary judgment. The insured argued that the insurer’s valuations of her claim were continually revised up and, ultimately, the jury had reached a verdict that was...

 

HTMLWhen are Premiums Paid to a Captive Insurance Company Deductible for Federal Income Tax Purposes?
Saren Goldner, M. Kristan Rizzolo, P. Bruce Wright; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 19, 2017, previously published on January 4, 2017
In their article for Captive.com, Sutherland attorneys P. Bruce Wright, M. Kristan Rizzolo and Saren Goldner review the basic requirements that must be met for insurance premiums paid to a captive insurer to be tax deductible: risk transfer, risk distribution and insurance risk.

 

Adobe PDFThere is No Such Thing as a Free Horse
Cheri A. Budzynski; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
January 18, 2017, previously published on December 2016
As a horse owner, I was excited to see on September 24, 2016, The Wall Street Journal published an article “The Need for Steed” in which it stated “the horse business is trotting ahead,” as women who rode as children are returning to the barn in droves. I know this feeling...

 

HTMLHow Technology May Affect Insurance in 2017
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 12, 2017, previously published on January 11, 2017
Marsh has released a new report on trends anticipated in the United States casualty insurance marketplace in 2017. It noted that the Internet of Things, the sharing economy, and autonomous vehicles will all begin to make major changes to the insurance business in the coming year. In particular,...

 

HTMLWhy the Private Right of Action afforded by Canada's Anti-Spam Legislation should concern Insurers who underwrite Risks in Canada
Avi Sharabi; Blaney McMurtry LLP;
Legal Alert/Article
January 5, 2017, previously published on December 19, 2016
Canada’s Anti-Spam Legislation (“CASL”), which came into force on 1 July 2014, is considered by some experts to be one of the most onerous anti-spam/anti-malware laws in the world. On 1 July 2017, it will become even more onerous when the private right of action...

 

HTMLIt's Privileged: Should Litigation Privilege attach to pre-litigation Adjusters' Files?
Anna Casemore; Blaney McMurtry LLP;
Legal Alert/Article
January 5, 2017, previously published on December 19, 2016
Litigation privilege serves to protect from disclosure, documents that come into existence (a) after litigation has been commenced, or (b) when litigation was reasonably contemplated if it was for the dominant purpose of using the information to obtain legal advice, or to assist in the conduct of...

 

HTMLFederal Insurance Office Report Highlights Consumer Protection Issues Raised by Big Data, Cyber Risks
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 2, 2017, previously published on December 30, 2016
On November 21, 2016, the Federal Insurance Office (FIO) issued its first ever annual Report on the Protection of Consumers and Access to Insurance (Report). The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) authorizes FIO to monitor all aspects of the insurance...

 

HTMLLegal Tips to Consider If You’re Buying a Drone This Holiday Season
David D. Ebersole, Christopher B. Hopkins, Ilirjan Pipa; McDonald Hopkins LLC;
Legal Alert/Article
January 2, 2017, previously published on December 6, 2016
The Federal Aviation Administration (FAA) is estimating over one million drones may be sold this holiday season. The novice recreational drone operator, however, may lack proper safety training, insurance, and knowledge of the regulatory environment. So, before you take Junior out to earn his wings...

 


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