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HTMLCourt Finds Settlement Obligations to Pay Mortgagor Are Not Discharged By Sending Co-Payable Check to Insured
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 12, 2014
Last Thursday, in Viewpoint Bank v. Allied Property and Cas. Ins. Co., 2014 WL 3867810 (Tex.App.-Dallas August 7, 2014), the Dallas Court of Appeals examined the insurer’s duty to pay a mortgage company in relation to the settlement of an insurance claim arising out of Hurricane Ike. Allied...

 

HTMLAllegations against Insurance Agent Were Sufficient to Defeat Removal Based on Fraudulent Joinder - Case Remanded
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 12, 2014
Last Tuesday, in Oldham v. Nationwide Insurance Company of America, 2014 WL 3855238 (N.D.Tex. August 5, 2014), United States District Judge Jane Boyle granted Plaintiff’s motion to remand a case removed to federal court based on diversity of citizenship and the alleged fraudulent joinder of a...

 

HTMLCourt Sanctions Plaintiff for Appraisal Delays - Dismisses Lawsuit with Prejudice for Failure to Cooperate
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 18, 2014
A U.S. District Court Judge for the Southern District of Texas, McAllen Division, recently put an end to Plaintiff's contumacious delays involving discovery requests, designation of experts, depositions and ultimately, a failure to cooperate with an appraisal invoked by Plaintiff after a year of...

 

HTMLNAIC Moving Forward on Regulation of XXX/AXXX Financing Transactions
Hugh T. McCormick, K. Oliver Rust; Duane Morris LLP;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
For more than two years, the National Association of Insurance Commissioners (the "NAIC") has been addressing the use by life insurers of captive reinsurers to finance reserves for certain term life insurance or universal life insurance policies (the reserves are known as "XXX...

 

HTMLHouse Republicans Nearing Deal on Terrorism Insurance
McDonald Hopkins LLC;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
In July, the Senate - by a vote of 93 to 4 - reauthorized the terrorism risk insurance program that was initially enacted after the Sept.11 terror attacks. Despite the overwhelmingly bipartisan vote in the Senate, House conservatives have sought additional changes to the program that they say will...

 

HTMLInsurance Industry Sweeps Retained Asset Account Doubleheader
Frederick R. Bellamy, Thomas R. Bundy, Nicholas T. Christakos, Thomas W. Curvin, Ellen M. Dunn; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
On August 26, the U.S. Court of Appeals for the First Circuit held in Vander Luitgaren v. Sun Life Ass. Co. of Canada, No. 13¿2090, 2014 WL 4197947 (1st Cir. Aug. 26, 2014), that an insurer, acting as a claims administrator, properly discharges its duties under the Employee Retirement Income...

 

HTMLFailure to Follow Investigative and Claims Handling Standards in Insurer’s Own Manual, Adjuster’s Failure to Consult with Others and Go beyond Her Own Conclusions, and Failure to Conduct IME Defeat Motion to Deny Bad Faith Claim (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 20, 2014
Mineo v. Geico involved a UIM claim. The insured was a Vietnam War Veteran who had suffered significant combat injuries during the War. Years later he was in a motor vehicle accident and suffered a shoulder injury. After the accident, there was some record that he suffered a further shoulder...

 

HTMLTwo Important Deadlines Approaching for Self-Insured Group Health Plans
Casey K. Fleming, Leigh C. Riley; Foley & Lardner LLP;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
If you sponsor a self-insured group health plan, then November includes two important deadlines: (1) you must obtain a health plan identifier for your plan, and (2) you must report the number of participants for whom a transitional reinsurance fee is due.

 

HTMLCourt Denies Insurers Motions to Preclude Expert Testimony, Bifurcate the Trial and for Summary Judgment Where Insurer Required 3 IMES which Reached Inconsistent Results (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 15, 2014
In Monaghan v. Travelers Prop. Cas. Co. of Am., the Court, in three separate opinions, addressed the issues of the adequate burden of proof in bad faith claims, admissibility of expert testimony, and proper bifurcation of trial. The Court found that the pleading standards were met, that expert...

 

HTMLChina Issues Policies on Further Development of the Insurance Industry
Zhen Han, Jing Ye; Johnson Stokes & Master Mayer Brown JSM;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
The State Council of the People’s Republic of China has issued Several Opinions on Accelerating the Development of the Modern Insurance Industry (“2014 Insurance Opinions”), effective from 10 August 2014.

 


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