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Adobe PDFMurray v. Farmers Insurance Company
Jones Skelton Hochuli P.L.C.;
Legal Alert/Article
March 4, 2016, previously published on January 19, 2016
For years, the Murrays bought minimum limits vehicle insurance, including minimum UM/UIM from agent Jones. Then they gradually began increasing their limits. They testified that when they discussed UM/UIM coverage with Jones, he advised them they did not need increased UM/UIM limits because their...

 

HTMLNAIC Releases Annual Homeowners Insurance Report
Colodny Fass P.A.;
Legal Alert/Article
March 4, 2016, previously published on February 24, 2016
The National Association of Insurance Commissioners ("NAIC") released its latest Homeowners Insurance Report today, February 24, 2016, in which it published the most recently validated data on market distribution and average cost by policy form and amount of insurance.

 

HTMLBarbara Richardson Appointed As Nevada Insurance Commissioner
Colodny Fass P.A.;
Legal Alert/Article
March 3, 2016, previously published on February 19, 2016
Barbara Richardson has been appointed as Nevada Insurance Commissioner, it was announced by Nevada Department of Business and Industry Director Bruce Breslow today, February 19, 2016. Ms. Richardson will join the Division next month.

 

HTMLGoogle’s Autonomous Vehicle (At Least Partially) Responsible for Accident
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 3, 2016, previously published on March 2, 2016
In February, one of Google’s self-driving vehicles was involved in an accident with a city bus in Mountain View, California. Unlike the 17 previous accidents involving Google’s self-driving cars, this accident was at least partially the car’s fault. The accident occurred when the...

 

HTMLNAIC IUL Illustration (A) Subgroup Approves Proposed Revisions to Actuarial Guideline 49 for Exposure and Comment
Eric A. Arnold, Frederick R. Bellamy, Thomas E. Bisset, Dodie C. Kent, Clifford E. Kirsch; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 3, 2016, previously published on March 2, 2016
On February 24, the IUL Illustration (A) Subgroup of the Life Actuarial (A) Task Force approved proposed revisions to Actuarial Guideline 49 (A.G. 49) for exposure and comment. Among other things, A.G. 49, which was adopted by the NAIC in 2015, establishes a uniform methodology for determining the...

 

Adobe PDFInsurer’s Liability For Breach of Contract Not Capped By Policy Limits
John S. Na; Morris Polich & Purdy LLP;
Legal Alert/Article
February 29, 2016, previously published on February 8, 2016
A federal district court in Nevada held that the measure of damages for breach of contract is not only the amount expected to be paid under the contract (i.e. the policy limit), but also, all consequential damages that are reasonably foreseeable from such breach, even if it exceeds policy limits.

 

HTMLCourt of Appeal Provides a Further Look at the Additional Insured
W. Colin Empke; Blaney McMurtry LLP;
Legal Alert/Article
February 26, 2016, previously published on February 8, 2016
Disputes over additional insured status are legendary and frequent. Every insurer faces demands for a defence from additional insureds. Brokers are requested to issue certificates of insurance on a daily basis, identifying people or companies as additional insureds. Assigning insurance obligations...

 

HTMLLLC's Managing Member was Aware of Accident, Ambulance, Hospitalization; No Excuse for One-Year Delay in Providing Notice to Insurer under Common Law 'No-Prejudice' Rule
Alexandra E. Rigney; Abrams, Gorelick, Friedman & Jacobson, LLP;
Legal Alert/Article
February 25, 2016, previously published on February 5, 2016
A Queens Court granted a defendant's motion for summary judgment, declaring that the insurer does not have a duty to defend or indemnify named insured property lessee in an underlying lawsuit.

 

Adobe PDFCost of Recovering Sunk Oil Barrels Not Covered Under Pollution Endorsement Where Barrels did not Leak Oil into Ocean
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
The Ninth Circuit held that a pollution endorsement in an ocean marine liability policy that covered the “discharge, dispersal, release, or escape” of pollutants did not include the insured's clean-up costs where no contaminants had leaked into the environment.

 

Adobe PDFEfficient Proximate Cause Doctrine Applies to Additional Coverage for Collapse
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California court of appeal held that the Efficient Proximate Cause Doctrine applied to the additional coverage of collapse and that the insurer could not “draft around” it. In addition, the court found that the burden was on the insurer to show the loss was not covered despite the...

 


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