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HTMLArgentinian Congress Passes New Supply Law that Could Affect Rights of Canadian Companies Doing Business in Argentina
Anelize Aguiar, Jeffrey D. Horswill, Max Portner; Davis LLP;
Legal Alert/Article
September 26, 2014, previously published on September 25, 2014
On September 18, 2014, the House of Deputies, the lower house of the Argentinian Congress, approved a controversial “supply” bill by a vote of 130 to 105. The bill, known as Law N° 26.991 or New Regulation of Production and Consumption Relations, had already been approved by the...

 

HTMLFlorida Citizens Property Insurance Statewide Average Commercial Rates to Decrease 3.3 Percent
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 26, 2014, previously published on September 19, 2014
The Florida Office of Insurance Regulation ("OIR") announced today, September 19, 2014 that it has established the 2015 commercial residential and non-residential rates for Citizens Property Insurance Corporation ("Citizens"), Florida's largest property insurer. Overall,...

 

HTMLFlorida's Citizens Property Insurance To End 2004-2005 Emergency Assessment Two Years Early
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 26, 2014, previously published on September 24, 2014
Assessments to Florida property insurance policyholders used for debt service following the devastating 2004-2005 hurricane seasons will end two years early under a recommendation approved by Citizens Property Insurance Corporation's ("Citizens'") Board of Governors at its meeting in...

 

HTMLA Perfectly Imperfect Process: Dauphin County’s First Post-Koken Jury Trial
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 1, 2014
On December 29, 2005, all underinsured motorist claims (UIM) that couldn’t be resolved by the parties themselves were resolved through arbitration. The following day, everything changed. It was on that date that the Pennsylvania Supreme Court issued its decision in Insurance Federation of...

 

HTMLIdentification of Public Project Payment Bond Claimants
Harry Z. Rippeon; Smith, Currie & Hancock LLP;
Legal Alert/Article
September 24, 2014, previously published on September 17, 2014
Prime contractors working on public projects are often required to provide a payment bond to ensure adequate financial protection for those subcontractors and suppliers providing labor, materials, equipment, or other services. For federal government projects, this requirement is contained in the...

 

HTMLClaim For Breach of the Impled Covenant of Good Faith and Fair Dealing Subsumed in Breach of Contract Claim; Economic Loss Doctrine Bars UTPCPL Claim (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 24, 2014, previously published on September 18, 2014
In Zeglen v. Northwestern Mutual Life Insurance Company, the case involved a disability insurance policy, and the insured brought action for breach of contract, breach of the implied duty of good faith and fair dealing, statutory bad faith, and under Pennsylvania’s Unfair Trade Practices and...

 

HTMLBad Faith Claim Not Time Barred Based on Date of Denial Triggering Cause of Action; Common Law Bad Faith Claim Subsumed in Breach of Contract Claim, Which Had Been Dismissed on Basis of Contractual Limitations Period (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 24, 2014, previously published on September 19, 2014
In Blackwell v. Allstate Insurance Company, the court found that the contractual one year period for bringing a claim under a homeowners policy barred the insureds breach of contract claim; however, the statutory bad faith claim was not barred by that contractual term, nor, on the face of the...

 

HTMLIn This Superstorm Sandy Case, Insured Allowed To Proceed On Bad Faith Claim Where Insurer Refused To Engage In Appraisal Process, But Court Dismisses Bad Faith Claim Based Upon Alleged Undue Influence On Insured’s Roofing Contractor (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 24, 2014, previously published on September 18, 2014
Currie v. State Farm Fire & Casualty Co., involved damage to the insured’s home from Superstorm Sandy, and a dispute over the homeowner insurer’s payment obligation. The matter was before the court on summary judgment. After finding summary judgment could not be granted on the...

 

HTMLInsureds Liable for Over $800,000 under New Jersey’s Insurance Fraud Protection Act; Insurer Not Required to Return Premiums as Predicate for Recovery in Case Where Fraud is Alleged in Making a Claim on the Policy, Not in Procuring the Policy (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 24, 2014, previously published on September 19, 2014
In Masaitis v. Allstate New Jersey Insurance Company, the jury not only ruled that the insureds were not entitled to compensation from the insurer for a fire loss to their home, but there was a judgment awarding more than $800,000 against them under N.J.S.A. 17:33A-7(a), a provision of the...

 

HTMLState Trial Court, Following Superior Court, Holds That Bad Faith Can Go Beyond A Pure Denial, And Can Include Bad Faith In Investigating And Communicating With Insured; Then Finding That Some Of These Claims Were Time Barred, But Others Must Be Determined By The Triers Of Fact, In Only Granting Partial Summary Judgment To Excess Carrier (Centre County Common Pleas)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 23, 2014, previously published on September 17, 2014
In Mountainside Holdings, LLC v. American Dynasty Surplus Lines Ins. Co., the defendant insurers were excess directors and officers liability insurance carriers at the tertiary level, with primary coverage and the first layer of excess coverage providing $10,000,000 in coverage. The dispute arose...

 


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