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Adobe PDFDefending Insurer is not Bound by Insured’s Stipulated Excess Judgment Made Without the Insurer’s Participation or Commitment to Pay the Insured’s Part of the Judgment
David M. Plouff; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California court of appeal held that an insurer that defended its insured in a personal injury action under one policy but refused to defend under two others was not liable for an excess stipulated judgment that the insured had assigned to the plaintiff.

 

Adobe PDFAnti-Assignment Clause Invalid After A Covered Loss Occurs
John S. Na; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
The California Supreme Court reversed its holding in a prior landmark decision and held that an insured can assign its liability policy to another entity without first obtaining consent, but only after the covered loss has already occurred.

 

Adobe PDFInsurer had Duty to Defend Even Though Underlying Complaint Disclaimed that the Plaintiffs Were Seeking Damages for Physical Injury
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California federal district court held that an insurer had a duty to defend a class action lawsuit against its insured which alleged facts that supported a potential claim for bodily injury and property damage even though the complaint explicitly disclaimed seeking recovery for any such damages.

 

Adobe PDFEquitable Contribution Required All Primary Insurers to Contribute on a Pro-Rata Basis Regardless of the Type of “Other Insurance” Clause in Their Policies
David M. Plouff; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California court of appeal held that, in an equitable contribution action between insurers, the non-defending insurer’s “other insurance” provision was an unenforceable “escape clause” and that both primary insurers that had a duty to defend must contribute on a...

 

Adobe PDFCumis Officially Comes to Nevada
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
The Nevada Supreme Court followed San Diego Navy Federal Credit Union v. Cumis Insurance Society, Inc., 162 Cal. App. 3d 358 (1984) and held that the duty to defend requires the insurer to provide independent counsel when a conflict of interest arises between the insurer and the insured. It also...

 

HTMLLouisiana Aggressively Pursuing Fines for Driving Without Auto Insurance
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 17, 2016, previously published on February 16, 2016
The State of Louisiana has implemented new means for the state’s Office of Motor Vehicles (“OMV”) to collect fines from individuals driving without auto insurance. The OMV recently turned over fine collection to the state’s Office of Debt Recovery. The Office of Debt...

 

HTMLDefending the Insured Under a Reservation of Rights
David Harrigan; Cole, Scott & Kissane, P.A.;
Legal Alert/Article
February 17, 2016, previously published on February 9, 2016
Insurers providing coverage under a standard CG 00 01 insuring agreement obligate themselves to “pay those sums that the insured becomes obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ to which [the] insurance applies.” In doing so,...

 

HTMLFlorida Supreme Court Accepts Jurisdiction in Case Involving Interpretation of PIP Policy’s Election to Reimburse Providers Pursuant to Medicare Fee Schedule
Conroy Simberg;
Legal Alert/Article
February 17, 2016, previously published on January 25, 2016
On January 19, 2016, the Florida Supreme Court accepted jurisdiction in the case of Allstate Insurance Company v. Orthopedic Specialists, Case No. SC15-2298. The court ordered the parties to file briefs and stated that oral argument would be set by separate order.

 

HTMLFlorida Office of Insurance Regulation Releases Assignment of Benefits Data Call Report
Colodny Fass P.A.;
Legal Alert/Article
February 16, 2016, previously published on February 8, 2016
The Florida Office of Insurance Regulation ("OIR") released its "2015 Review of Assignment of Benefits Data Call Report" today, February 8, 2016.

 

HTMLNAIC Seeks To Assist Regulatory Actuaries With ORSA Explanatory Paper
Colodny Fass P.A.;
Legal Alert/Article
February 16, 2016, previously published on February 10, 2016
To assist regulatory actuaries who are reviewing Own Risk and Solvency Assessment ("ORSA") reports, the National Association of Insurance Commissioners Casualty Actuarial and Statistical Task Force has prepared an explanatory paper with background information on the Enterprise Risk...

 


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