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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...

 

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."

 

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...

 

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...

 

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.

 

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).

 

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...

 

HTMLThe “That’s For Me To Know and You to Find Out” Approach to Reservation of Rights Letters Rejected in Missouri
Michael L. Young; HeplerBroom LLC;
Legal Alert/Article
September 19, 2014, previously published on September 17, 2014
He drove a blue Volkswagen Rabbit to the United States Supreme Court for many years. He wrote so many lone dissents in his first years on the court that he was dubbed the “Lone Ranger”. Years after he became Chief Justice, William Rehnquist added four gold stripes to the sleeves of his...

 

HTMLWhere To Sue Since Summy
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 18, 2014, previously published on September 1, 2014
The Declaratory Judgment Act, 28 U.S.C. §§2201-2202, gives federal district courts the discretion to adjudicate declaratory judgment actions. In 2000, the Third Circuit reviewed the Declaratory Judgment Act, 28 U.S.C.S. § 2201(a), at some length and attempted to identify certain...

 


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