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|FY 2016 Budget Tax Proposals Target Insurance Companies|
Sutherland Asbill Brennan LLP;
February 13, 2015, previously published on February 3, 2015On February 2, the Obama Administration released its fiscal year 2016 budget (FY 2016 Budget). The hallmarks of the FY 2016 Budget are proposals that would impose (i) a minimum tax on the current foreign earnings of U.S. corporations and their controlled foreign corporations (CFCs) and (ii) a...
|Negotiating Admitted Facts in Pretrial Stipulation|
Thomas E. Hanson; Morris James LLP;
February 13, 2015, previously published on January 28, 2015Determining admitted facts can be one of the more difficult aspects of preparing a pretrial stipulation. Parties often propose factual statements that are advantageous to their position, while resisting facts that may favor their opponents. There is also a tendency to take a cautious approach and...
|New York’s Insurance Regulator Announces Results of Cybersecurity Survey and Previews New Regulatory Initiatives|
Ellen M. Dunn, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
February 13, 2015, previously published on February 10, 2015On February 9, the New York Department of Financial Services (DFS) released a Report on Cyber Security in the Insurance Sector (Report), summarizing the results of a survey completed by 43 insurers about their cybersecurity programs, costs and future plans. The Report also announced a series of...
|Costs Consequences: The Case of Hoang v. Vicentini|
Thomas Durcan; Blaney McMurtry LLP;
February 12, 2015, previously published on November 21, 2014The Ontario Superior Court recently sent a much-welcome message with respect to costs awards in its decision Hoang v. Vicentini. The action involved a six year old pedestrian who was struck by a car, just after being dropped off at a busy intersection by his father. The six year old was seriously...
|The Use of Social Media in Bodily Injury Claims|
Tobin Horton; Blaney McMurtry LLP;
February 12, 2015, previously published on November 21, 2014Social media has become ubiquitous in our day-to-day lives. It is the communication medium for the younger generation. Advertisements declare that social media is the only way to “stay connected.” For litigators, social media is a very useful tool for defending bodily injury claims -...
|Court of Appeal Affirms the Crown's 10 Day Notice Provision|
Blaney McMurtry LLP;
February 11, 2015, previously published on November 21, 2014The Proceedings Against the Crown Act (“PACA”) requires that 10 days’ notice be provided to the Crown where the action involves occupier’s liability, failing which, the claim is a nullity. Courts have been critical of the 10 day PACA notice and have been loath to apply it.
|Priority Dispute: Third Party Vehicle Renter vs. the Defendant Vehicle Owner|
Timothy Alexander; Blaney McMurtry LLP;
February 11, 2015, previously published on November 21, 2014In a very recent decision - Elias v. Koochek - the Court addressed the issue whether the insurer of a renter of a vehicle who is not named as a defendant in the main action, but has been brought into the action as a third party, has priority over the insurer of the owner of the rental vehicle.
|Sixth Circuit Interprets ‘Direct Action’ Provision of 28 U.S.C. 1332 in the Context of Michigan’s No-Fault Insurance Law|
Jonathan L. Schwartz, Joel J. Terragnoli; Goldberg Segalla LLP;
February 10, 2015, previously published on January 6, 2015In Ljuljdjuraj v. State Farm Mutual Automobile Ins. Co., 2014 U.S. App. LEXIS 24108 (6th Cir. Dec. 19, 2014), the U.S. Court of Appeals for the Sixth Circuit held that the ‘direct action’ provision of 28 U.S.C. § 1332(c)(1) does not destroy diversity jurisdiction in an action...
|Minnesota Court Finds Specific Provisions In Policy Exclusion Govern Over More General Follow Form Provisions|
Jonathan Schapp, Jensen Varghese; Goldberg Segalla LLP;
February 10, 2015, previously published on December 17, 2014This insurance coverage action stemmed from an underlying motor vehicle accident where Arnold Paster’s vehicle (driven by Paster and owned by Paster Enterprises) collided with Jerome G. Wind’s motorcycle. Wind sought coverage for his injuries from Paster Enterprises’ commercial...
|GAO and MITRE Sponsor Discussion on Information Sharing During a Crisis|
Aaron J. Aisen; Goldberg Segalla LLP;
February 10, 2015, previously published on January 13, 2015During a crisis, good information is critical to ensure a proper and prompt response. One big challenge is how to ensure good information sharing both between different levels of government and even between agencies at the same level of government.