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HTMLKentucky Federal Court Sustains Hospital Insurer’s Denial of Claim Due to Untimely Notice, Declines to Require Insurer Show Prejudice
Edward M. O'Brien, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 22, 2015, previously published on June 8, 2015
The U.S. District Court for the Eastern District of Kentucky recently held that an insurer properly denied coverage to a hospital because the hospital gave untimely notice of the claim. In Ashland Hospital Corporation v. RLI Insurance Company, Civil Action No. 13-143-DLB-EBA (E.D. Ky. Mar. 17,...

 

HTMLAdditional Changes Posted for Florida Reinsurance Collateral Rules In Advance of June 23 Final Adoption Hearing
Colodny Fass P.A.;
Legal Alert/Article
June 22, 2015, previously published on June 16, 2015
Substantive changes have been posted for proposed Rules relating to reinsurance collateral in advance of a June 23, 2015 final public hearing on their adoption by the Florida Office of Insurance Regulation ("OIR" or "Office") as approved by the Florida Financial Services...

 

HTMLCLIENT ALERT: New Florida Federal Court Decision Exposes Construction Insurance Gap
Brian A. Wolf; Smith, Currie & Hancock LLP;
Legal Alert/Article
June 22, 2015, previously published on June 8, 2015
Your insurance policy may not cover the costs of an expensive Chapter 558 construction defect process. Florida's construction defect statute, Chapter 558, requires an owner to notify contractors of all alleged construction defects. After the notice is sent, the contractor notifies all of the trade...

 

HTMLMontana Supreme Court Affirms Rule Requiring Insurer to Demonstrate Prejudice Resulting from Insured’s Late Notice
Erica L. Meek, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 22, 2015, previously published on June 8, 2015
On May 29, 2015, the Montana Supreme Court affirmed the application of the notice-prejudice rule in cases of third-party claims for damages. Atlantic Casualty Ins. Co. v. Greytak, 2015 MT 149, OP 14-0412 (Mt. 2015). The rule requires the insurer to establish prejudice as a condition to denying...

 

HTMLManaging General Agents, Surplus Lines Agents Would Be Subject to Florida Insurance Agent Penalty Guidelines Under Proposed Rule
Colodny Fass P.A.;
Legal Alert/Article
June 22, 2015, previously published on June 11, 2015
Managing general agents and surplus lines agents would be subject to penalty guidelines applicable to insurance agents, representatives and others under revisions proposed to Rule 69B-231.020 by the Florida Division of Insurance Agents and Agency Services ("Division"), it was announced...

 

HTMLProperty and Casualty, Motor Vehicle Policy Bills Among Those Signed by Florida Governor Rick Scott on June 11, 2015
Colodny Fass P.A.;
Legal Alert/Article
June 22, 2015, previously published on June 12, 2015
Effective July 1, 2015, HB 165 makes the following changes to Florida statutes relating to property and casualty insurance.

 

HTMLLouisiana Department of Insurance Advises on Producer Compensation and Enforcement
Colodny Fass P.A.;
Legal Alert/Article
June 22, 2015, previously published on June 16, 2015
Lousiana Insurance Commissioner Jim Donelon recently advised all insurers, insurance issuers, health maintenance organizations and all producers licensed to do business in Louisiana of the manner in which the Louisiana Department of Insurance ("LDI") addresses and shall enforce various...

 

HTMLImportant Changes to National Flood Insurance Program Effective as of April 1st
Elizabeth F. Mason; Bernkopf Goodman LLP;
Legal Alert/Article
June 19, 2015, previously published on April 22, 2015
The Federal Emergency Management Agency (“FEMA”) made important changes to the National Flood Insurance Program (“NFIP”) effective April 1, 2015. You should be aware of these changes and their potential impacts on your overall homeowner or business insurance program for two...

 

HTMLControversies on the Rise Between Policyholders, Cyberinsurers, and CGL Insurers
Daniel W. Gerber, John J. Jablonski, Jonathan L. Schwartz; Goldberg Segalla LLP;
Legal Alert/Article
June 18, 2015, previously published on June 2, 2015
With all the high-profile and precedent-setting activity that occurred last month, May might as well be known as Data Breach Coverage Month. It saw the settlement of a landmark online data breach coverage case, the first cyberinsurance coverage ruling, a state supreme court affirming a data breach...

 

HTMLWhy You Should Not Agree to Continue Health Insurance As Part of a Separation Agreement
Jerry L. Stovall; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
June 17, 2015, previously published on June 2015
Employers often agree to continue an employee’s health insurance coverage as part of a separation agreement. While this seems like a good idea, it can create significant unintended liability.

 


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