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HTMLOn the Fourth Day of Privacy, My Insurance Carrier Gave to Me.....
Daniel S. Harary, Heidi A. Lawson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 16, 2015, previously published on December 12, 2014
What can companies and insurers expect in the new year when it comes to cyber liability insurance coverage? While we wait for some court decisions interpreting these new stand-alone cyber liability insurance policies that are being heavily pushed in the market, there are some steps a company can...

 

HTMLWhen Close Enough Is Good Enough: Recent Case Law On The Application Of Rule 49
Robin Squires; Borden Ladner Gervais LLP;
Legal Alert/Article
March 13, 2015, previously published on February 3, 2015
Under Rule 49, offers to settle can result in cost consequences if certain requirements are satisfied and if one of the parties “beats its offer”. Two recent Ontario decisions have helped to clarify what offers will satisfy this rule. Both cases stemmed from motor vehicle accidents...

 

HTMLThe Assignment of Pennsylvania Statutory Bad Faith Claims: The Supreme Court Rules in Allstate Property and Casualty Ins. Co. v. Wolfe
Charlotte E. Thomas; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 20, 2015
The Pennsylvania Supreme Court recently clarified in Allstate Property and Casualty Ins. Co. v. Wolfe, No. 39 MAP 2014, 2014 WL 7088147 (Pa. Dec. 15, 2014) that statutory bad faith claims brought against insurers under 42 Pa. Cons. Stat. § 8371 can be assigned by insureds to injured...

 

HTMLWisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamination Resulting from the Application of Manure and Septage as Fertilizer
William J. Katt, Carl J. Pernicone, Heather L. Utlaut; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 13, 2015, previously published on January 14, 2015
In Wilson Mutual Ins. Co. v. Robert Falk and Jane Falk, 2013AP691 & 2013AP776, and Preisler v. Kuettel’s Septic Serv., 2012AP2521, the Wisconsin Supreme Court sought to resolve conflicting court of appeals’ decisions on whether excrement (manure and septic waste, respectively) are...

 

HTMLChallenge to Delaware Unclaimed Property Estimation Methods Allowed to Proceed
Wilson G. Barmeyer, Ellen M. Dunn, Phillip E. Stano, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 13, 2015, previously published on March 12, 2015
A lawsuit challenging the unclaimed property estimation methodology used by the State of Delaware and its auditor Kelmar Associates will proceed, according to a ruling issued by a Delaware federal district court on March 11.

 

HTMLInsurance Coverage for Damaged NYC Tower Crane
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 26, 2015
Readers will recall photos of a tower crane damaged by Hurricane Sandy. Construction of the NYC high-rise building known as One57 was underway when the crane was lashed by hurricane-force winds. The crane jib was apparently blown backwards, and ended up dangling over the counterweight almost 1,000...

 

HTMLCourt Affirms Trial Court’s Decision To Void The Policy, But Remands For Trial On State Of Mind Issue For Insurer’s Cause Of Action Under New Jersey’s Insurance Fraud Prevention Act (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2015, previously published on December 26, 2014
In Continental Casualty Co. v. Hochschild, an insured sought coverage for damage to his boat, and the insurer claimed that no coverage was due because of misrepresentations in the insurance application. The Appellate Division found that the policy was to be voided on the basis of equitable fraud,...

 

HTMLBad Faith Claim Futile Based On Discovery Disputes Involving Declaratory Judgment Claim; And Where Policy Provided Insurer A Reasonable Basis To Deny Claim (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2015, previously published on February 3, 2015
In Byars v. State Farm Mut. Auto. Ins. Co., plaintiff sought leave to amend his complaint to add an additional count against the defendant-insurer alleging bad faith. In the proposed amended complaint, Plaintiff alleged the insurer had acted in bad faith during the litigation process in the pending...

 

HTMLWhere Insurer Denies Claim, And Insured Settles With Tortfeasor, Court Observes That If Insurer’s Denial Is In Bad Faith There Is An Equitable Waiver Of Its Subrogation Claim (New Jersey Appellate Division
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2015, previously published on December 27, 2014
In Nucci v. American Insurance Company, New Jersey’s Appellate Division addressed an insurer’s subrogation rights where it had originally denied coverage, was subject to suit for non-payment, and the insured partially settled the matter with another co-defendant whom had caused the...

 

Adobe PDFModernizing the Regulation of Travel Insurance for a Consumer-Ready Market
Nicole Marie Black, Robert M. Ferm, Daniel Furman; Hall & Evans, L.L.C.;
Legal Alert/Article
March 12, 2015, previously published on January 12, 2015
Sixty percent of Americans planned to travel for vacation an average of 2.4 times in 2014. Domestic or foreign, adventurous or benign, these trips create a number of travel risks. There are weather delays. There are natural disasters. There are mechanical delays. There are medical emergencies. In...

 


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