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HTMLFY 2016 Budget Tax Proposals Target Insurance Companies
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on February 3, 2015
On 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...

 

HTMLNegotiating Admitted Facts in Pretrial Stipulation
Thomas E. Hanson; Morris James LLP;
Legal Alert/Article
February 13, 2015, previously published on January 28, 2015
Determining 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...

 

HTMLNew 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;
Legal Alert/Article
February 13, 2015, previously published on February 10, 2015
On 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...

 

HTMLCosts Consequences: The Case of Hoang v. Vicentini
Thomas Durcan; Blaney McMurtry LLP;
Legal Alert/Article
February 12, 2015, previously published on November 21, 2014
The 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...

 

HTMLThe Use of Social Media in Bodily Injury Claims
Tobin Horton; Blaney McMurtry LLP;
Legal Alert/Article
February 12, 2015, previously published on November 21, 2014
Social 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 -...

 

HTMLCourt of Appeal Affirms the Crown's 10 Day Notice Provision
Blaney McMurtry LLP;
Legal Alert/Article
February 11, 2015, previously published on November 21, 2014
The 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.

 

HTMLPriority Dispute: Third Party Vehicle Renter vs. the Defendant Vehicle Owner
Timothy Alexander; Blaney McMurtry LLP;
Legal Alert/Article
February 11, 2015, previously published on November 21, 2014
In 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.

 

HTMLSixth 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;
Legal Alert/Article
February 10, 2015, previously published on January 6, 2015
In 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...

 

HTMLMinnesota Court Finds Specific Provisions In Policy Exclusion Govern Over More General Follow Form Provisions
Jonathan Schapp, Jensen Varghese; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 17, 2014
This 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...

 

HTMLGAO and MITRE Sponsor Discussion on Information Sharing During a Crisis
Aaron J. Aisen; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 13, 2015
During 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.

 


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