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HTMLIllinois: Industrial Insureds May Be Required to Pay Taxes on Insurance Premiums
McDonald Hopkins LLC;
Legal Alert/Article
July 18, 2014, previously published on July 10, 2014
The Illinois General Assembly passed S.B. 3324 which imposes a 3.5 percent tax on paid premiums to unauthorized insurers by a certain class of businesses. The bill awaits Governor Patrick Quinn’s signature. If the bill is neither signed nor vetoed by August 14, it automatically becomes law.


HTMLAn Overview of the Difference Between Indemnity Obligations and Obligations to Provide Additional Insured Coverage
Smith Currie Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
One of the most important risk-shifting devices in a construction contract is the indemnification provision because it protects one party from financial loss and damages arising from future problems occurring during the project. Indemnification is a promise that one party will make good on any...


HTMLAnti-Indemnification Statutes and Their Impact upon Insuring Indemnification Obligations Versus Those of an Additional Insured
Jay R. Houghton; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
Construction projects are inherently risky endeavors. A myriad of things that can go wrong range from damaging a tree on neighboring property, to the structural failure of a completed building, and the loss of limb or life. One of the most important reasons one enters into a contract while...


HTMLInsurer’s Motion to Dismiss Hospital’s Bad Faith Breach of Contract Claim Denied (New Jersey Federal Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
In Conn. Gen. Life Ins. Co. v. Roseland Ambulatory Surgery Ctr., the plaintiff/counterclaim-defendant insurer brought claims against defendant/counterclaim-plaintiff hospital for failure to require patients to pay certain out-of-pocket expenses. The insurer originally brought a claim alleging that...


HTMLCASL is here - Now What? Practical Issues for Insurers and Brokers
Bernice Karn; Cassels Brock & Blackwell LLP;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
As of July 1, 2014, this type of message may become a familiar refrain in the emails you receive. Canada’s new anti-spam law (commonly known as “CASL”) prohibits the sending of any type of non-exempt “commercial electronic message” (“CEM”) unless the...


HTMLInjuries Caused In Oilfield Mud Tank Not Subject To Insurance Policy’s Pollution Exemption
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 16, 2014, previously published on July 10, 2014
In December 2012, an oilfield worker for a services subcontractor specializing in the cleaning of mud tanks arrived at a worksite and proceeded to clean a tank at the instruction of the general contractor. The general contractor allegedly failed to inform the worker that the tank contained large...


HTMLCan You Link Insurance Premiums To Smoking?
F. Kytle Frye; Fisher & Phillips LLP;
Legal Alert/Article
July 15, 2014, previously published on July 1, 2014
Rocked by soaring costs, including skyrocketing increases in health insurance premiums, employers are desperate to manage, and hopefully limit, whatever costs they can. Many employers have begun to look to the lifestyle choices of their employees and how those choices might influence their cost of...


HTMLPublic Liability Insurance - Ensure You're Covered!
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
July 14, 2014, previously published on June 30, 2014
Insurance is unlikely to be the number one topic of conversation when you discuss your business affairs. But a recent case highlighted the need to keep under regular review the nature of insurance cover and, in particular, the level of cover.


HTMLLeave it to Beaver: Arizona Court of Appeals Validates “Relative Definition” of Insured Which Precludes UIM Coverage
Nathan D. Meyer; Jaburg & Wilk, P.C.;
Legal Alert/Article
July 14, 2014
If the Beaver owned a classic 1959 Ford Fairlane, he would not have been insured for UIM benefits under the Cleaver family auto policy. In Beaver v. American Family Mutual Insurance Company, 234 Ariz. 584, 324 P.3d 870 (App. May 20, 2014),the Arizona Court of Appeals recently held that a...


HTMLBeware of Hidden Fees in Health Insurance Contract
Jeffrey Bearss; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
July 14, 2014, previously published on July 7, 2014
On May 14, 2014 the U.S. Sixth Circuit Court of Appeals released a decision that will have immediate impact upon health insurers and employers who have contracts with them. A large health insurance company lost an appeal over a hidden fees complaint by an employer group. The U.S. Federal Court of...


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