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HTMLPA Supreme Court Clarifies Trigger of Coverage for Injury to Livestock
Michael S. Saltzman, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
March 12, 2015, previously published on January 26, 2015
The Supreme Court of Pennsylvania recently interpreted the trigger of coverage applicable to property damage, including the first manifestation and multiple trigger approaches. The Supreme Court held in Pennsylvania National Mutual Casualty Insurance Co. v. St. John, 2014 WL 7088712 (Pa. Dec. 15,...

 

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...

 

HTMLFederal Insurance Office Issues Reinsurance Report
Aaron J. Aisen, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
March 12, 2015, previously published on January 8, 2015
Among other provisions, Title V of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) authorizes the Federal Insurance Office (the FIO) to monitor all aspects of the insurance industry, including reinsurance. {Dodd-Frank Act, §§ 501-502; 31 U.S.C. § 313...

 

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,...

 

HTMLCalifornia Issues Emergency Regulation on Access to Healthcare Providers
Aaron J. Aisen, Sandra McDermott; Goldberg Segalla LLP;
Legal Alert/Article
March 12, 2015, previously published on February 17, 2015
During his second inauguration, California Insurance Commissioner Dave Jones, announced a new emergency regulation relating to access to healthcare providers.

 

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...

 

HTMLInsurer Owes No Coverage for Property Damage Due to Late Notice
Sarah J. Delaney, Clayton D. Waterman; Goldberg Segalla LLP;
Legal Alert/Article
March 12, 2015, previously published on February 11, 2015
There was a dispute between the former executives of a dissolved construction company and its insurer over property damages. The executives of the dissolved insured had agreed to a settlement of $420,000 with home owners over allegedly shoddy work performed on their homes in 2006. The insured had...

 

HTMLTexas Supreme Court Rejects Additional Insured Coverage for BP To the Tune of $750 Million
Jonathan L. Schwartz, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
March 11, 2015, previously published on February 17 , 2015
In a decision handed down by the Supreme Court of Texas on Friday, the court determined that BP was not entitled to additional insured coverage under several insurance policies issued to Transocean by a variety of insurers. In re: Deepwater Horizon, No. 13-0670 (Tex. Feb. 13, 2015). The opinion...

 

HTMLLaw Firm’s Policy Rescinded For Misrepresentation in Application
Sarah J. Delaney, Clayton D. Waterman; Goldberg Segalla LLP;
Legal Alert/Article
March 11, 2015, previously published on February 24, 2015
The Supreme Court of Illinois held that the insurer was entitled to rescind a law firm’s malpractice policy based on material misrepresentations in the firm’s renewal application. The main issue in this case was whether the policy could be rescinded despite one of the firm’s...

 

HTMLFlorida Senate Insurance Committee Approves Reciprocal Insurers, Countersignature Bills
Colodny Fass P.A.;
Legal Alert/Article
March 11, 2015, previously published on March 4, 2015
Four insurance-related bills were on the Florida Senate Committee on Banking and Insurance ("Committee") agenda today, March 4, 2015.

 


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