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HTMLUMass Settles Potential HIPAA Violations Following Malware Infection
Jim Hamilton; Bose McKinney Evans LLP;
Legal Alert/Article
December 12, 2016, previously published on November 23, 2016
The University of Massachusetts Amherst (UMass) has agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules. The settlement includes a corrective action plan and a monetary payment of $650,000, which is reflective...


HTMLEnforceability of Proposals for Settlement in Actions Requesting Declaratory Relief
Danielle N. Robinson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 7, 2016, previously published on December 1, 2016
The enforceability of proposals for settlement served upon plaintiffs continues to be a concern in first-party property cases. Florida’s courts continue to find issues they consider to be ambiguous within proposals themselves, including the failure to apportion offers made to husband and wife...


HTMLAttorneys Brian Tokarz and Matthew Fisher to Present to the National Business Institute on Construction Defect Insurance Coverage Issues
Matthew V. Fisher, Brian C. Tokarz; Meissner Tierney Fisher & Nichols S.C.;
Legal Alert/Article
December 7, 2016, previously published on November 2016
Join attorneys Brian Tokarz and Matthew Fisher for the National Business Institute’s video webcast on Monday, December 19, 2016 at 9:00 a.m. CST. The webcast, "Construction Defect Insurance Coverage Issues Demystified” will help all interested attorneys, insurance professionals,...


HTMLAn Overview of Representations and Warranties Insurance
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 6, 2016, previously published on November 15, 2016
The prospect of unknown business risks between buyers and sellers is often a major hurdle in mergers and acquisitions deal negotiations. Neither side wants to assume responsibility for issues such as financial statement errors, taxes, contracts, intellectual property, or undetected compliance...


HTMLNew York is First State in the Nation to Propose Cybersecurity Regulations Impacting Banks, Insurance Companies and Mortgage Lenders
Bleakley Platt Schmidt LLP;
Legal Alert/Article
December 5, 2016, previously published on November 2016
The New York State Department of Financial Services has proposed regulations that would impose new cybersecurity requirements on banks, insurance companies, mortgage lenders and others. The proposed regulations, issued pursuant to the Financial Services Law, would apply to entities that require a...


HTMLHoang v Vincentini: A Cautionary Tale on the Issue of Costs and the Implications on All Parties Involved
Robert L. Love, Edona C. Vila; Borden Ladner Gervais LLP;
Legal Alert/Article
November 28, 2016, previously published on November 17, 2016
This action arises as a result of a motor vehicle accident that occurred on August 6, 2004 when the then-six year old plaintiff, Christopher Hoang ("Christopher"), was struck by a vehicle driven by the defendant Adriano Vincentini ("Vincentini") and owned by Ford Credit Canada...


HTMLFaulty Construction Not Covered Loss under Nationwide Builders' Policy, Pennsylvania Federal Judge Rules
Charles E. Haddick; Dickie, McCamey & Chilcote, P.C.;
Legal Alert/Article
November 25, 2016, previously published on November 18, 2016
Two homebuilders insured by Nationwide Mutual Insurance Company and accused of poor workmanship in the case of Robert A. Bealer, et al. v. Nationwide Mutual Insurance Co., et al., E.D. Pa., No. 16-3181, Nov. 16, 2016 (Baylson, J.), are entitled to no coverage. United States District Judge Michael...


Adobe PDFInsurers Cannot Contract Around California Law Requiring Insurers to Defend a “Mixed Action”; “Continuous or Progressive Damage Exclusion” Also Addressed
Micah M. Hoffman; Morris Polich & Purdy LLP;
Legal Alert/Article
November 25, 2016, previously published on November 2, 2016
A Northern District of California District Court held that a mold exclusion purporting to exclude coverage for any “suit” involving allegations of mold, where suit alleged non-mold, potentially covered claims, was unenforceable. Insurers, the District Court concluded, cannot contract...


HTMLJ.J. v. C.C.: Court of Appeal Finds Garage and Car Dealership Owed Duty of Care to Minor who Stole Vehicle From Premises
David Elman, John Hunter; Borden Ladner Gervais LLP;
Legal Alert/Article
November 25, 2016, previously published on November 10, 2016
In a recent decision, J.J. v. C.C., 2016 ONCA 718, the Ontario Court of Appeal found that a garage and car dealership owed a duty of care to a minor who was injured after participating in the theft of a vehicle from the dealership's premises.


HTMLCourt of Appeals Holds Contractor Defendant to Building Permit Application; Name on Permit Application and Threat to Withdraw Permit Bar Summary Judgment
Abrams Gorelick Friedman Jacobson LLP;
Legal Alert/Article
November 25, 2016, previously published on October 28, 2016
New York's highest court reversed an intermediate appellate decision and denied summary judgment to a defendant contractor where it found "triable issues of fact exist as to the nature of the relationship between the moving defendants and the unlicensed contractor involved in the renovation...


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