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HTMLBlame It on the Bank? Defending Mortgage Lenders in Premises Liability Cases
Joanna D. Buchanico; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 4, 2014, previously published on June 1, 2014
While the country’s mortgage crisis is waning, banks and lenders now are facing a growing litigation trend—defending themselves in premises liability cases when the subject property is in foreclosure. When dealing with landowner defendants with limited assets, plaintiffs are now turning...

 

HTMLInherent Conflicts Within Insurance Intermediaries Not Being Properly Managed, United Kingdom's Financial Conduct Authority Reports
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
June 3, 2014, previously published on May 29, 2014
Inherent conflicts within insurance intermediaries are not being properly managed, a recent "Thematic Review" by the United Kingdom's ("UK") Financial Conduct Authority ("FCA") has found. The FCA is the UK's primary financial services industry regulator.

 

Adobe PDFNew York State Department of Financial Services: Proposed Regulation Addressing Private Equity Investment in Insurers: The New York State Department of Financial Services Issues Proposed Amendments to Regulation Governing Acquisitions of New York Domestic Insurance Companies
Sullivan Cromwell LLP;
Legal Alert/Article
May 30, 2014, previously published on May 20, 2014
Citing a trend in recent years of private equity firms acquiring insurers, particularly life insurers writing fixed and indexed annuity contracts, the New York State Department of Financial Services on May 14, 2014 released for public comment proposed amendments to its regulations governing the...

 

HTMLUnion Carbide v. Bombardier: Confidentiality of Settlement Communications
Margot Finley; Borden Ladner Gervais LLP;
Legal Alert/Article
May 30, 2014, previously published on May 29, 2014
A decision of the Supreme Court of Canada released on May 8, 2014 has clarified that a confidentiality clause in a mediation contract will not restrict a party from producing evidence of communications made in the mediation context in order to prove the terms of the settlement, unless that is the...

 

HTMLFlorida’s New Daubert Standard for Expert Testimony is Retroactive
Tashia M. Small; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 29, 2014, previously published on June 1, 2014
Recently, Florida made the transition into a Daubert jurisdiction, aligning Florida courts with their federal counterparts. Simply stated, the amendment of Florida Statute § 90.702 makes the standard of admissibility of expert testimony in Florida courts stricter and more exacting.

 

HTMLCourt Denies Motion To Strike Averment Of Contractual Duty Of Good Faith, But Grants Motion Requiring A More Definite Statement From Plaintiff-Insured To Plead More Factual And Legal Detail Supporting Her Statutory Bad Faith Claim (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 29, 2014, previously published on May 26, 2014
In Hoffer v. Grange Insurance Company, the Magistrate Judge addressed, via his Report and Recommendation which was later adopted by the District Court, two technical motions under the Federal Rules of Civil Procedure: a Rule 12(f) motion to strike a paragraph of the Complaint; and requiring a more...

 

HTMLThe Storm After the Storm
Eric R. Brown; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 29, 2014, previously published on June 1, 2014
It has now been more than 18 months since Hurricane Sandy made landfall in New Jersey, but the litigation related to that storm is just getting started. With any event that brings such damage, there is always a concern that judges may look to expand the bounds of coverage in favor of insureds. The...

 

HTMLBlame It on the Bank? Defending Mortgage Lenders in Premises Liability Cases
Joanna D. Buchanico; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 29, 2014, previously published on June 1, 2014
While the country’s mortgage crisis is waning, banks and lenders now are facing a growing litigation trend—defending themselves in premises liability cases when the subject property is in foreclosure. When dealing with landowner defendants with limited assets, plaintiffs are now turning...

 

HTMLMissouri Department of Insurance, Financial Institutions and Professional Registration releases Annual Report
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
May 29, 2014, previously published on May 27, 2014
Jefferson City, Mo. - The Missouri Department of Insurance, Financial Institutions and Professional Registration ("DIFP") recently released its 2013 Annual Report, which is available online, is fully interactive, offering links, charts and other illustrations of data and trends in the...

 

HTMLLife Insurance Unclaimed Property Litigation in 2014: Will Regulator Positions Withstand Judicial Scrutiny?
David W. Arrojo, Wilson G. Barmeyer, Phillip E. Stano, Steuart H. Thomsen; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 28, 2014, previously published on Winter 2014
Amidst ongoing multistate unclaimed property audits of many life insurers, and despite many regulatory settlements, the insurance industry and state regulators continue to disagree over the application of unclaimed property laws governing life insurance. These disagreements have been percolating in...

 


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