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|Weathering the Storm: Five Tips for Maximizing Insurance Recoveries for Hurricane Matthew Losses|
Edward M. (Ed) Joyce, Jason B. Lissy; Jones Day;
October 12, 2016, previously published on October 2016With Hurricane Matthew having pummeled certain islands in the Caribbean and much of the southeastern seaboard of the United States, businesses will soon look to secure insurance recoveries for the estimated billions of dollars in property damage and business income losses left in its wake. While...
|Third Circuit Affirms Summary Judgment for Nationwide in Bad Faith Case|
Charles E. Haddick, Bryon R. Kaster; Dickie, McCamey & Chilcote, P.C.;
October 11, 2016, previously published on October 6, 2016In Bodnar, et al. v. Nationwide Mutual Insurance Company, No. 15-3485 (3d Cir., October 4, 2016), the Plaintiffs alleged that Nationwide was guilty of bad faith in the investigation of whether or not the work-related death of an employee of its insured was covered or barred by the terms of the...
|Florida: Insurer Liable For Attorneys' Fees Without Finding of Bad Faith|
Charles E. Haddick; Dickie, McCamey & Chilcote, P.C.;
October 7, 2016, previously published on October 3, 2016The Supreme Court of Florida has ruled that Omega Insurance can be held liable for the payment of an insured’s attorneys’ fees following the wrongful denial of a sinkhole claim, and that bad faith is not a prerequisite to such an award, in Johnson v. Omega Insurance Company, SC14-2124.
|First-Ever: Cybersecurity Regulations Released by New York Department of Financial Services|
Duane Morris LLP;
October 5, 2016, previously published on September 16, 2016After surveying nearly 200 of its regulated banking and insurance companies for industry insight, the New York Department of Financial Services (the “NYDFS”) proposed a first-ever, cybersecurity regulation, on September 13, 2016, to protect against the growing threat of cyber-attacks....
|STOLI Scheme Saved By Expiration of Contestability Clause|
Wilson G. Barmeyer, Kristine M. Ellison, Phillip E. Stano, Steuart H. Thomsen, Gail L. Westover; Sutherland Asbill & Brennan LLP;
October 5, 2016, previously published on October 4, 2016On September 22, the Florida Supreme Court in Wells Fargo Bank NA v. Pruco Life Insurance Co., No. SC15-382 (Fla. Sept. 22, 2016) denied Pruco Life Insurance Company’s challenge to the validity of an insurance policy purchased under a stranger-originated life insurance (STOLI) scheme because...
|Unclaimed Property Disputes Over State Priority Take Center Stage, Head to U.S. Supreme Court and the Third Circuit|
Wilson G. Barmeyer, Joseph A. Ficarrotta, Phillip E. Stano, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
October 5, 2016, previously published on October 5, 2016Disputes over the unclaimed property priority rules continue to intensify. The U.S. Supreme Court accepted review of a clash involving more than 20 states regarding the right to take custody of official checks. Meanwhile, a holder will appeal a federal district court’s decision that Delaware...
|Avoiding the Insurer Bite: Insurance Coverage for Zika Virus Losses|
Tyrone R. (Ty) Childress, Jason B. Lissy; Jones Day;
September 28, 2016, previously published on September 2016Named after the Ugandan forest in which it was first discovered, outbreaks of Zika virus have until recently been limited to tropical Africa, Southeast Asia, and the Pacific Islands. The past year, however, has witnessed the rapid spread of Zika virus throughout the Western Hemisphere, including...
|Checklist for Louisiana Homeowners—Contracting for Repair of Disaster Damage|
Andy St. Romain, Richard J. Tyler; Jones Walker LLP;
September 28, 2016, previously published on September 20, 2016As property owners shift their focus to repairing the very visible water damage to buildings and other structures, they should not lose their focus when it comes to the less apparent concerns that come with engaging contractors. Entities, like the Louisiana State Contractor Licensing Board, provide...
|Louisiana Economic Development Estimates $8.7 Billion in Residential, Commercial Flood Damage|
Taylor Porter Brooks Phillips L.L.P.;
September 27, 2016, previously published on September 13, 2016The Louisiana Economic Development, in a press release, estimates the August 2016 Louisiana Flood caused $8.7 billion in damage to Louisiana residential and commercial properties, with damage to businesses in the state exceeding $2 billion. Those figures do not include damage to the state’s...
|FDA Convenes Two-Day Public Hearing on Human Cell and Tissue Product Regulatory Paradigm|
Joanne S. Hawana, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 26, 2016, previously published on September 15, 2016As stakeholders and watchers of the expansive field of regenerative medicine likely are aware, earlier this year a study published in the peer-reviewed journal Cell Stem Cell reported on the growth of so-called stem cell clinics operating in the U.S. It also examined the types of claims being made...