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|Montana 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;
June 22, 2015, previously published on June 8, 2015On 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...
|CLIENT ALERT: New Florida Federal Court Decision Exposes Construction Insurance Gap|
Brian A. Wolf; Smith, Currie & Hancock LLP;
June 22, 2015, previously published on June 8, 2015Your 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...
|Louisiana Department of Insurance Advises on Producer Compensation and Enforcement|
Colodny Fass P.A.;
June 22, 2015, previously published on June 16, 2015Lousiana 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...
|Property and Casualty, Motor Vehicle Policy Bills Among Those Signed by Florida Governor Rick Scott on June 11, 2015|
Colodny Fass P.A.;
June 22, 2015, previously published on June 12, 2015Effective July 1, 2015, HB 165 makes the following changes to Florida statutes relating to property and casualty insurance.
|Managing General Agents, Surplus Lines Agents Would Be Subject to Florida Insurance Agent Penalty Guidelines Under Proposed Rule|
Colodny Fass P.A.;
June 22, 2015, previously published on June 11, 2015Managing 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...
|Important Changes to National Flood Insurance Program Effective as of April 1st|
Elizabeth F. Mason; Bernkopf Goodman LLP;
June 19, 2015, previously published on April 22, 2015The 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...
|Controversies on the Rise Between Policyholders, Cyberinsurers, and CGL Insurers|
Daniel W. Gerber, John J. Jablonski, Jonathan L. Schwartz; Goldberg Segalla LLP;
June 18, 2015, previously published on June 2, 2015With 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...
|It’s 2015. Do You Know Where Your Children “Reside?”|
Guy M. Harbert; Gentry Locke Rakes & Moore, LLP;
June 17, 2015, previously published on June 2015As this is written (June, 2015) it is high school graduation time. One phase of life is completed, and another begins. For many, the next stage involves “leaving the nest” - off to college, the military, an internship, maybe even a job, or perhaps the 2015 equivalent of hitchhiking...
|Why You Should Not Agree to Continue Health Insurance As Part of a Separation Agreement|
Jerry L. Stovall; Breazeale, Sachse & Wilson, L.L.P.;
June 17, 2015, previously published on June 2015Employers 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.
|Health Insurers Limit Coverage for Power Morcellation|
Waters Kraus LLP;
June 17, 2015, previously published on April 24, 2015Until very recently, power morcellators were frequently used by surgeons in laparoscopic hysterectomies and procedures to remove fibroid growths. Use of the devices is not so popular, however, after the U.S. Food and Drug Administration cautioned that power morcellators could cause the spread of...