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HTMLNo Bad Faith Under Pennsylvania Law Where Insured Failed To Disclose Facts To Disability Insurer; No Breach Of Fiduciary Duty Under New Jersey Law For Same Reason (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 23, 2014, previously published on September 17, 2014
In Hayes v. American International Group, a case involving a disability insurance claim, the Magistrate Judge concluded in her Report and Recommendation that there could be no statutory bad faith under Pennsylvania law where the carrier paid total disability benefits for over four years until it...

 

HTMLWisconsin Court of Appeals Provides a Lesson in Documenting the Settlement
Rachel M. Blise; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
A recent case from the Wisconsin Court of Appeals demonstrates the necessity of properly documenting the details of a settlement after agreement is reached on the amount. In Singler v. Zurich American Insurance Co., 2014AP391, Robert Singler and Zurich American Insurance Co. agreed to settle...

 

HTMLWhere Policy Clearly Excludes Coverage For Wall Collapse, With No Applicable Exception For Hidden Decay, There Can Be No Bad Faith Because Carrier Had Reasonable Basis To Deny Claim (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 23, 2014, previously published on September 16, 2014
In White v. Metropolitan Direct Property & Casualty Insurance Co., the insureds suffered a wall collapse, which they originally claimed was “sudden and accidental” and the result of a heavy rain (which was later denied by them). Coverage was denied, and the insureds sued for breach...

 

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...

 

HTMLWhat Financial Advisers and Accountants Should Know About Expanded IRS Streamlined Filing Compliance Procedures for U.S. Taxpayers with Unreported Foreign Assets and Accounts
Bruce M. Bettigole, Maia Cogen, Joseph M. DePew, Carol P. Tello, H. Karl Zeswitz; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 22, 2014, previously published on September 16, 2014
The Internal Revenue Service (IRS) recently announced “major changes” to its offshore compliance programs, including the Streamlined Filing Compliance Procedures (Streamlined Procedures), the delinquent international information return submission procedures (Delinquent Submission...

 

HTMLArkansas Insurance Department--Depreciation of Labor Prohibited When Calculating Actual Cash Value Payment in Property Claims
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 22, 2014, previously published on September 17, 2014
The Arkansas Insurance Department ("Department") issued Bulletin 13B-2013 on September 16, 2014 to clarify its position on the depreciation of labor in property claims.

 

HTMLFlorida Public Adjusters Concerned With Proposed Rules; Administrative Hearing Scheduled
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 22, 2014, previously published on September 16, 2014
The Florida Division of Insurance Agent and Agency Services ("Division") held a Rule Hearing today, September 16, 2014, on proposed changes to Rule 69B-220.051, entitled "Conduct of Public Adjusters," and Rule 69B-220.201, "Ethical Requirements."

 

Adobe PDFPrudential Regulators and CFTC Re-Propose Margin Requirements for Non-Cleared Swaps
Maureen A. Donley, Elizabeth A. Mastrogiacomo, Mark D. Young; Skadden Arps Slate Meagher Flom LLP;
Legal Alert/Article
September 22, 2014, previously published on September 19, 2014
Federal banking regulators (the Prudential Regulators) have re-proposed regulations to require certain dealers and major participants in the swap and markets to collect initial and variation margin for non-cleared swaps (the 2014 Proposal).

 

HTMLSell It For “Free” - IRS Continues To Approve Life Insurance Sales Between Trusts
Jonathan L. Grob; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
September 22, 2014, previously published on Third Quarter 2014
Life insurance trusts are an extremely popular estate planning tool. Since the proceeds of life insurance policies are generally included in the taxable estate of the insured-owner, many individuals transfer policies to an irrevocable trust during life to remove the death benefit from later federal...

 

HTMLKentucky Court of Appeals Holds Statute of Limitations on Underinsured Motorist Claims Begins to Run Upon Denial of Claim
James M. Burd, Edward M. O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 19, 2014, previously published on September 12, 2014
In a case of first impression, a divided panel of the Kentucky Court of Appeals recently held in Hensley v. State Farm Mut. Auto. Ins. Co., 2013-CA-000006-MR (Ky. App. Aug. 15, 2014), that the statute of limitations on underinsured motorist (UIM) claims begins to run upon denial of a claim by the...

 


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