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|Florida House Assignment of Benefits Workshop This Monday Precedes Mold Services Standards Hearing on February 26|
Colodny Fass P.A.;
February 17, 2015, previously published on February 06, 2015Assignment 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).
|Federal 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.;
February 17, 2015, previously published on December 19, 2014Husband 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...
|Pennsylvania 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.;
February 17, 2015, previously published on December 17, 2014In 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...
|Insurance Holding Company Regulatory Act Amendments, Consolidated Public Hearing Procedures To Be Reviewed at NAIC Group Solvency Meeting February 13, 2015|
Colodny Fass P.A.;
February 17, 2015, previously published on February 06, 2015The 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...
|Court of Appeal Clarifies Rules Regarding Contact with Experts|
Visnja Jovanovic; Blaney McMurtry LLP;
February 17, 2015, previously published on January 30, 2015Yesterday, 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...
|Tenth 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;
February 16, 2015, previously published on December 10, 2014In 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...
|Recent Decisions Reinforce the Value of Quality over Quantity in a Reservation of Rights Letter|
Eric G. Cheng; Wilson Elser Moskowitz Edelman & Dicker LLP;
February 16, 2015, previously published on December 12, 2014In 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...
|Latest Developments in Regulation of XXX/AXXX Captives|
Duane Morris LLP;
February 16, 2015, previously published on December 8, 2014The 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...
|New 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;
February 13, 2015, previously published on February 10, 2015On 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...
|Negotiating Admitted Facts in Pretrial Stipulation|
Thomas E. Hanson; Morris James LLP;
February 13, 2015, previously published on January 28, 2015Determining 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...