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HTMLCASL is here - Now What? Practical Issues for Insurers and Brokers
Bernice Karn; Cassels Brock & Blackwell LLP;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
As of July 1, 2014, this type of message may become a familiar refrain in the emails you receive. Canada’s new anti-spam law (commonly known as “CASL”) prohibits the sending of any type of non-exempt “commercial electronic message” (“CEM”) unless the...

 

HTMLInsurer’s Motion to Dismiss Hospital’s Bad Faith Breach of Contract Claim Denied (New Jersey Federal Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
In Conn. Gen. Life Ins. Co. v. Roseland Ambulatory Surgery Ctr., the plaintiff/counterclaim-defendant insurer brought claims against defendant/counterclaim-plaintiff hospital for failure to require patients to pay certain out-of-pocket expenses. The insurer originally brought a claim alleging that...

 

HTMLInjuries Caused In Oilfield Mud Tank Not Subject To Insurance Policy’s Pollution Exemption
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 16, 2014, previously published on July 10, 2014
In December 2012, an oilfield worker for a services subcontractor specializing in the cleaning of mud tanks arrived at a worksite and proceeded to clean a tank at the instruction of the general contractor. The general contractor allegedly failed to inform the worker that the tank contained large...

 

HTMLCan You Link Insurance Premiums To Smoking?
F. Kytle Frye; Fisher & Phillips LLP;
Legal Alert/Article
July 15, 2014, previously published on July 1, 2014
Rocked by soaring costs, including skyrocketing increases in health insurance premiums, employers are desperate to manage, and hopefully limit, whatever costs they can. Many employers have begun to look to the lifestyle choices of their employees and how those choices might influence their cost of...

 

HTMLLeave it to Beaver: Arizona Court of Appeals Validates “Relative Definition” of Insured Which Precludes UIM Coverage
Nathan D. Meyer; Jaburg & Wilk, P.C.;
Legal Alert/Article
July 14, 2014
If the Beaver owned a classic 1959 Ford Fairlane, he would not have been insured for UIM benefits under the Cleaver family auto policy. In Beaver v. American Family Mutual Insurance Company, 234 Ariz. 584, 324 P.3d 870 (App. May 20, 2014),the Arizona Court of Appeals recently held that a...

 

HTMLPublic Liability Insurance - Ensure You're Covered!
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
July 14, 2014, previously published on June 30, 2014
Insurance is unlikely to be the number one topic of conversation when you discuss your business affairs. But a recent case highlighted the need to keep under regular review the nature of insurance cover and, in particular, the level of cover.

 

HTMLBeware of Hidden Fees in Health Insurance Contract
Jeffrey Bearss; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
July 14, 2014, previously published on July 7, 2014
On May 14, 2014 the U.S. Sixth Circuit Court of Appeals released a decision that will have immediate impact upon health insurers and employers who have contracts with them. A large health insurance company lost an appeal over a hidden fees complaint by an employer group. The U.S. Federal Court of...

 

HTMLDallas Federal Court Dismisses Claims for Equitable Subrogation against Three Primary Insurers
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on June 11, 2014
A Federal District Court Judge in Dallas recently granted motions to dismiss claims against three primary insurers in a suit seeking equitable subrogation for amounts paid to settle a construction defect case. In Trammell Crow Residential Co. v. St. Paul Fire Ins. Co., No. 3:11-CV-2853-N (N.D. Tex....

 

HTMLHouston Court Of Appeals Affirms Commercial Ike Damage Award & Finding of Knowing Conduct
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on July 2, 2014
In the wake of a policyholder verdict which included findings of Insurance Code violations and knowing conduct by the insurer, Houston’s Fourteenth Court of Appeals affirmed the verdict in most respects last Thursday. This result will very likely be appealed to the Supreme Court of Texas and...

 

HTMLHouston Appeals Court Sides with Agents in Hurricane Ike Failure-to-Procure Dispute
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on June 11, 2014
In Houstoun, Woodard, Eason, Gentle, Tomforde & Anderson, Inc. v. Escalante's Comida Fina, Inc.., 01-11-00746-CV (Tex. App. - Houston [1st Dist.], June 3, 2014), the Houston First Court of Appeals reviewed a jury finding against insurance agents concerning damages related to Hurricane Ike....

 


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