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HTMLSecond Circuit Affirms Summary Judgment Opinion Allocating Financial Responsibility For April 2006 Texas Train Derailment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
In an April 2006 train derailment near Dallas, much of a train’s cargo, which included tractors, copying machines, and other manufactured goods, was destroyed. The goods were manufactured in Japan, shipped across the Pacific, and loaded onto railcars in California. Following the derailment,...


HTMLA Primer on the Miller Act's Federal Bonding Requirements
Daniel M. Carrico; Smith, Currie & Hancock LLP;
Legal Alert/Article
August 11, 2014
If you have ever been involved with a federal construction project—either as a contractor, subcontractor, supplier, or surety—you have probably had to deal with the Miller Act. That’s not surprising. Few pieces of legislation are more ubiquitous when it comes to construction work...


Adobe PDFHouse Bill 373 Enacted to Control the Level of Workers’ Compensation Insurance Premiums by Making Significant Changes in the Medical Reimbursements Allowable Under the Healthcare Payment System
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 6, 2014, previously published on July 31, 2014
This Act makes substantial changes to Titles 18 and 19 of the Delaware Code designed to control the level of workers’ compensation premiums in Delaware. The most significant changes are: (a) a 33% reduction in medical costs to the workers’ compensation system, phased in over a period of...


HTMLSpecial Workers Compensation Legislation Report--Retrospective Rating
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
August 6, 2014, previously published on August 8, 2014
CS/HB 785 by State Representative Albritton passed the Legislature and was approved by Governor Rick Scott on June 13, 2014. The effective date of the bill was July 1, 2014.


HTMLThere is No Bad Faith Claim Where the Breach of Insurance Contract Claims Failed Either Because there was No Coverage or Insurer’s Position was Reasonable; Contract Claims against the Insured Contractor Failed Because they Do Not Constitute an Occurrence under Kvaerner or as "Subcontracted Work Property Damage"; or are Subject to CGL Exclusions J(5) and J(6), and Conduct at Issue is Outside Products Completed Operation Hazard; And there is No Duty to Defend in the Absence of a Suit (Third Circuit and Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
August 5, 2014, previously published on August 1, 2014
In Allegheny Design Management v. Travelers Indemnity Company of America, the insured was a general contractor with a commercial general liability policy. It hired a subcontractor to install glass and another to clean the glass that was to go in the new construction of a store. After installation,...


Adobe PDFDeposit Insurance Assessment System: FDIC Proposes Changes to the Ratios and Ratio Thresholds to Align the Deposit Insurance Assessment System with U.S. Basel III Capital Rules
Sullivan Cromwell LLP;
Legal Alert/Article
August 5, 2014, previously published on July 31, 2014
The Federal Deposit Insurance Corporation (“FDIC”) recently published for comment a proposed rule containing modifications to the deposit insurance assessment system (the “Proposed Rule”). The Proposed Rule would amend the FDIC’s 2011 final rule adopting a new...


HTMLTwo Recent Federal Cases Reflect Different Summary Judgment Approaches To Property Damage Claims
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 18, 2014
A federal court in Dallas granted summary judgment in favor of American Insurance Company (“AIC”) in a hail storm case. In Hamilton Properties v. Am. Ins. Co., No. 3:12-CV-5046-B, 2014 WL 3055801 (N.D. Tex. July 7, 2014) (Boyle, J.), a commercial property owner sued AIC for denial of a...


HTMLSouthern District Grants Summary Judgment In Favor Of The Insurer After Partial Appraisal Award Was Paid To The Insured
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
Last week, in Toney v. State Farm Lloyds, Civil Action No. 7:13-CV-183 (S.D. Tex. July 21, 2014), a Federal District Court Judge in the Southern District of Texas dismissed all of the Insured’s contractual and extra-contractual causes of action against State Farm.


HTMLUSAA Wins Putative Class Action Suit Based Total Loss Valuations and the Filing of Owner-Retainted Reports
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
Sunny Letot, a well-known Dallas judicial campaign consultant and descendant of a notable North Texas pioneering family, was involved in a rear end collision with an insured of USAA. She filed suit against the insured driver for negligence and then joined the carrier on multiple novel theories...


Adobe PDFThe Arizona Supreme Court Considers The Preclusive Effect of Damron Agreement Stipulations On Subsequent Coverage Disputes
Jefferson T. Collins; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
August 4, 2014, previously published on July 2014
In Quihuis v. State Farm Mut. Aut. Ins. Co., 748 F.3d 911 (9th Cir. 2014), the Ninth Circuit Court of Appeals recently certified a question to the Arizona Supreme Court that could have a significant impact on insurance law in the state. Quihuis involves a coverage dispute. The coverage litigation...


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