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HTMLFlorida House Assignment of Benefits Workshop This Monday Precedes Mold Services Standards Hearing on February 26
Colodny Fass P.A.;
Legal Alert/Article
February 17, 2015, previously published on February 06, 2015
Assignment of benefits for property and casualty insurance will be the subject of a Florida House of Representatives Insurance and Banking Subcommittee ("Subcommittee") Workshop this Monday, February 9, 2015 from 4 p.m. to 6 p.m. (ET).

 

HTMLFederal Court Interprets Statutory Requirements Of Underinsured Waiver Rejection; Insured Does Not Need To Date Form For It Be Valid And Insureds' Claims Dismissed (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
February 17, 2015, previously published on December 19, 2014
Husband and wife plaintiffs allege their vehicle was involved in an accident, the damages resulting from the collision exceeded the amount of insurance recovered from the tortfeasor, that they made a claim to their insurer for underinsured motorist coverage, and that the insurer wrongfully and in...

 

HTMLPennsylvania Supreme Court Rules That Statutory Bad Faith Claims May Be Assigned, Focusing On Legislative Intent And Remedial Nature Of Statute (Supreme Court of Pennsylvania)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
February 17, 2015, previously published on December 17, 2014
In Allstate Property and Casualty Ins. Co. v. Wolfe, the Third Circuit had certified the issue to the Supreme Court of Pennsylvania as to whether an insured may assign the right to recover damages from his insurance company deriving from the insurer’s bad faith toward the insured, under 42...

 

HTMLInsurance Holding Company Regulatory Act Amendments, Consolidated Public Hearing Procedures To Be Reviewed at NAIC Group Solvency Meeting February 13, 2015
Colodny Fass P.A.;
Legal Alert/Article
February 17, 2015, previously published on February 06, 2015
The National Association of Insurance Commissioners' ("NAIC's") Group Solvency Issues Working Group ("GSI Working Group") will meet on February 13, 2015 at noon (ET) to continue deliberating possible amendments to the Insurance Holding Company System Regulatory Act (#440) and...

 

HTMLCourt of Appeal Clarifies Rules Regarding Contact with Experts
Visnja Jovanovic; Blaney McMurtry LLP;
Legal Alert/Article
February 17, 2015, previously published on January 30, 2015
Yesterday, the Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun. The decision provides much needed guidance for litigators and their clients in relation to the role of counsel in interacting with an expert witness in the preparation of an expert’s...

 

HTMLTenth Circuit: Property Damage Surrounding Defective Windows Is an “Occurrence” Because Damage Is Unexpected from Insured’s Perspective
Joseph F. Bermudez, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 10, 2014
In Cincinnati Insurance Company v. AMSCO Windows, No. 13-4155 (10th Cir. November 26, 2014), Cincinnati insured AMSCO, which manufactures windows for use in homes and sells the windows to distributors. Certain AMSCO windows were installed in new homes built in Nevada, and the homeowners brought...

 

HTMLRecent Decisions Reinforce the Value of Quality over Quantity in a Reservation of Rights Letter
Eric G. Cheng; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 12, 2014
In two recent cases, Advantage Builders & Exteriors v. Mid-Continent Casualty Co. No. WD 76880 (Mo. Ct. App. Sept. 2, 2014) and EAN Services, LLC v. Brunson, No. 2-14-118 (Ill. Ct. App. September 8, 2014), the courts remind insurance carriers that an ineffective reservation of rights can be...

 

HTMLLatest Developments in Regulation of XXX/AXXX Captives
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on December 8, 2014
The National Association of Insurance Commissioners (the "NAIC") is forging ahead with its work on captive insurance companies used by life insurance companies to finance reserves required under current regulations; these reserves are commonly referred to as "XXX reserves" for...

 

HTMLNew York’s Insurance Regulator Announces Results of Cybersecurity Survey and Previews New Regulatory Initiatives
Ellen M. Dunn, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on February 10, 2015
On February 9, the New York Department of Financial Services (DFS) released a Report on Cyber Security in the Insurance Sector (Report), summarizing the results of a survey completed by 43 insurers about their cybersecurity programs, costs and future plans. The Report also announced a series of...

 

HTMLNegotiating Admitted Facts in Pretrial Stipulation
Thomas E. Hanson; Morris James LLP;
Legal Alert/Article
February 13, 2015, previously published on January 28, 2015
Determining admitted facts can be one of the more difficult aspects of preparing a pretrial stipulation. Parties often propose factual statements that are advantageous to their position, while resisting facts that may favor their opponents. There is also a tendency to take a cautious approach and...

 


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