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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.

 

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 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...

 

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 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 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 that Did Not Accept Defense and Retain Counsel By Date Response to Complaint Against Insured was Due Lost Control of the Defense
Mark E. Hellenkamp; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A federal district court held that an insurer that did not pick up the insured’s defense by the time the response to the complaint was due lost the right to control the defense, even though it reimbursed the insured the costs of defense the insured had incurred.

 

HTMLMS Legislature Considering Labor Rate Restrictions
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 23, 2016, previously published on February 22, 2016
The Mississippi State Senate is considering a bill that would prohibit auto repair shops from charging labor rates above the average national rates charged for like-kind work without the express approval of the Commissioner of Insurance. The bill, SB 2187, was introduced by Senator Videt Carmichael...

 


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