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Adobe PDFMental Stress Claim Upheld by Workplace Safety and Insurance Appeals Tribunal
Elizabeth J. Forster; Blaney McMurtry LLP;
Legal Alert/Article
June 27, 2014, previously published on June 2014
In a ground-breaking decision, the Workplace Safety and Insurance Appeals Tribunal has found that a pro-vision in the Workplace Safety and Insurance Act (the “Act”), which denied benefits to workers suffering from non-traumatic mental stress, is unconstitutional.

 

HTMLInsured Stated A Bad Faith Claim by Alleging Enough Facts to Put Reasonableness of the Insurer’s Coverage Denial at Issue, and Thus Discovery was Needed to Determine the Issued of Reasonableness (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 11, 2014
In Rizk v. State Farm Fire & Cas. Co., the insured had a homeowners policy that excluded coverage for frozen plumbing pipes; however, the exclusion did not apply “if the insured used reasonable care to maintain heat in the building.” The insured alleged that although he was away...

 

HTMLCourt Finds Insurer Could not Assert Forum Selection Clause After It Consented to Removal to Federal Court (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 19, 2014
In Roman v. UniGroup Worldwide, the plaintiff insured contracted with the defendant shipping company and its agents to transport his household property from Israel to Pittsburg. Along with the shipping contracts, he also took out a policy with the defendant insurer. Plaintiff brought both statutory...

 

HTMLFlorida's Citizens Property Insurance Board Approves 2015 Personal Residential Rate Reduction
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
June 27, 2014, previously published on June 25, 2014
At its meeting today, June 25, 2014, Florida's Citizens Property Insurance Corporation's ("Citizens") Board of Governors ("Board") approved a 2015 rate package that reflects an overall average 2.9 percent decrease for personal residential policyholders statewide.

 

HTMLPart Three: Unmanned Aircraft Systems (“UAS”) - Aka Drones Insurance Issues: Where Are We Headed?
Elaine D. Solomon; Blank Rome LLP;
Legal Alert/Article
June 26, 2014, previously published on June 2014
Although the use of Unmanned Aerial Vehicles (“UAVs”) is not new, as commercial usage explodes over the next several years, unique insurance issues will arise. How will underwriters handle this topic when risks are largely unknown? What insurance will be required for each type of entity...

 

Adobe PDFPart One: Unmanned Aircraft Systems (“UAS”) - Aka Drones Usages And Regulation: Where Are We Headed?
Elaine D. Solomon; Blank Rome LLP;
Legal Alert/Article
June 26, 2014, previously published on June 2014
The ever-quickening pace of technological innovation creates serious obstacles for legal, legislative, and regulatory regimes that are notoriously slow to adapt. One of the newest arenas in which this struggle is playing out is that of Unmanned Aerial Vehicles (“UAVs”), also referred to...

 

Adobe PDFPart Two: Unmanned Aircraft Systems (“UAS”) - Aka Drones Legal Issues: Where Are We Headed?
Elaine D. Solomon; Blank Rome LLP;
Legal Alert/Article
June 26, 2014, previously published on June 2014
There have been almost daily news stories about the advent of Unmanned Aerial Vehicles (“UAVs”), also referred to as “drones,” and how commercial usage is expected to explode over the next several years. There have been reports of UAVs being used to deliver everything from...

 

HTMLLegislation Substantially Relaxing South Carolina Captive Insurance Law Heads to Governor Nikki Haley for Action
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
June 23, 2014, previously published on May 30, 2014
A bill that would relax laws governing captive insurance companies doing business in South Carolina and allow the formation of incorporated cells passed the South Carolina General Assembly on May 28, 2014. The legislation, Senate Bill 909, will now be presented to Governor Nikki Haley for...

 

HTMLInsurer Did Not Waive Proof of Loss as a Condition Precedent under Homeowners Policy
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
June 23, 2014, previously published on May 23, 2014
The Fourth District affirmed a summary judgment entered in favor of a homeowners insurer in a case involving an insured's first-party claim for damage to her condominium, its contents, and related expenses allegedly caused by bodily fluids that leaked from a decomposing body in an adjoining...

 

HTMLWhen to Give Notice of an Accident or Occurrence Under Your Liability Insurance Policy
Guy M. Harbert; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
June 23, 2014, previously published on June 10, 2014
Every year, millions of Americans purchase insurance policies to protect themselves, their families, and their businesses. This insurance, whether in the form of an automobile policy, a homeowners policy, or a business policy usually has two component parts: the property coverage and the liability...

 


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