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Adobe PDFDefending Insurer is not Bound by Insured’s Stipulated Excess Judgment Made Without the Insurer’s Participation or Commitment to Pay the Insured’s Part of the Judgment
David M. Plouff; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California court of appeal held that an insurer that defended its insured in a personal injury action under one policy but refused to defend under two others was not liable for an excess stipulated judgment that the insured had assigned to the plaintiff.

 

Adobe PDFEarth Movement Exclusion Bars Coverage; Insurer Entitled to Reimbursement for Defense Under Reservation of Rights
Kevin M. Pollack; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A Nevada federal district court held that an earth movement exclusion in a general liability policy precluded coverage for any and all loss resulting, even in part, from earth movement, and entitled the insurer to obtain reimbursement after defending under reservation of rights.

 

Adobe PDFEfficient Proximate Cause Doctrine Applies to Additional Coverage for Collapse
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California court of appeal held that the Efficient Proximate Cause Doctrine applied to the additional coverage of collapse and that the insurer could not “draft around” it. In addition, the court found that the burden was on the insurer to show the loss was not covered despite the...

 

Adobe PDFCost of Recovering Sunk Oil Barrels Not Covered Under Pollution Endorsement Where Barrels did not Leak Oil into Ocean
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
The Ninth Circuit held that a pollution endorsement in an ocean marine liability policy that covered the “discharge, dispersal, release, or escape” of pollutants did not include the insured's clean-up costs where no contaminants had leaked into the environment.

 

HTMLFlorida Supreme Court Accepts Jurisdiction in Case Involving Interpretation of PIP Policy’s Election to Reimburse Providers Pursuant to Medicare Fee Schedule
Conroy Simberg;
Legal Alert/Article
February 17, 2016, previously published on January 25, 2016
On January 19, 2016, the Florida Supreme Court accepted jurisdiction in the case of Allstate Insurance Company v. Orthopedic Specialists, Case No. SC15-2298. The court ordered the parties to file briefs and stated that oral argument would be set by separate order.

 

HTMLLouisiana Aggressively Pursuing Fines for Driving Without Auto Insurance
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 17, 2016, previously published on February 16, 2016
The State of Louisiana has implemented new means for the state’s Office of Motor Vehicles (“OMV”) to collect fines from individuals driving without auto insurance. The OMV recently turned over fine collection to the state’s Office of Debt Recovery. The Office of Debt...

 

HTMLDefending the Insured Under a Reservation of Rights
David Harrigan; Cole, Scott & Kissane, P.A.;
Legal Alert/Article
February 17, 2016, previously published on February 9, 2016
Insurers providing coverage under a standard CG 00 01 insuring agreement obligate themselves to “pay those sums that the insured becomes obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ to which [the] insurance applies.” In doing so,...

 

HTMLPossible To Revoke Life Insurance Policy despite Prior Cancellation
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
February 16, 2016, previously published on February 15, 2016
According to a ruling of the OLG Hamm (Higher Regional Court of Hamm), it is possible to revoke a life insurance plan even after the policy has already been cancelled (Az.: 20 U 56/14).

 

HTMLFlorida Office of Insurance Regulation Releases Assignment of Benefits Data Call Report
Colodny Fass P.A.;
Legal Alert/Article
February 16, 2016, previously published on February 8, 2016
The Florida Office of Insurance Regulation ("OIR") released its "2015 Review of Assignment of Benefits Data Call Report" today, February 8, 2016.

 

HTMLNAIC Seeks To Assist Regulatory Actuaries With ORSA Explanatory Paper
Colodny Fass P.A.;
Legal Alert/Article
February 16, 2016, previously published on February 10, 2016
To assist regulatory actuaries who are reviewing Own Risk and Solvency Assessment ("ORSA") reports, the National Association of Insurance Commissioners Casualty Actuarial and Statistical Task Force has prepared an explanatory paper with background information on the Enterprise Risk...

 


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