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|Party Claims Coverage as Additional Insured Based on Oral Agreement with Primary Insured ... and Just May Get It!|
Robert B. Hawk; Carlock, Copeland & Stair, LLP;
February 1, 2016, previously published on January 19, 2016Will an oral agreement by your insured be enough to create coverage for a third party? The Seventh Circuit Court of Appeals says yes - in the right circumstances.
|First Circuit Souter Grant Coverage Despite Exclusion|
Nicholas C. C. Stewart; Carlock, Copeland & Stair, LLP;
February 1, 2016, previously published on January 22, 2016Former Associate Justice of the Supreme Court David Souter returned to his First Circuit roots and participated in an August 2015 ruling declining to uphold a policy exclusion where the injured person was employed by a contractor with no written contractual relationship to the insured. The...
|Ontario Court Confirms Contractor’s Duty to Defend a Municipality in Personal Injury Claims|
George R. Wray; Borden Ladner Gervais LLP;
January 29, 2016, previously published on January 19, 2016The Ontario Court of Appeal closed out 2015 with its decision in Carneiro et al and Regional Municipality of Durham et al and Zurich Insurance Company Ltd., providing important analysis of a winter maintenance contractor's duty to defend a municipality in personal injury claims arising from wintery...
|Insurance Proceeds - Does Article 9 Perfection Protect You?|
James J. Niemeier; McGrath North Mullin & Kratz, PC LLO;
January 29, 2016, previously published on First Quarter 2016Lenders routinely describe a security interest in proceeds, “including insurance proceeds” as part of the collateral description in their security agreements, believing that this description plus the filing of a UCC-1 financing statement will perfect their security interest in such...
|No “Near Miss” on Offers to Settle Timing, But Discretion on Costs Rests With Trial Judge|
Natalie Salafia; Borden Ladner Gervais LLP;
January 28, 2016, previously published on January 20, 2016There is no "near miss" allowed on the timing of offers to settle under Rule 49.10 of the Rules of Civil Procedure, but residual discretion always rests with the trial judge in awarding costs, as the Court of Appeal confirmed in its recent judgment in König v Hobza.
|How Insurance Companies Minimize Claims|
Wilshire Law Firm;
January 28, 2016, previously published on January 26, 2016If you have been in an accident that requires you to file a claim with your insurance company, be prepared for some resistance. Insurance companies are businesses first and foremost. And as it is with all other businesses, their number one priority is profit. Learn about nine of the most common...
|Price Optimization Remains Key Focus of Regulators|
Sutherland Asbill Brennan LLP;
January 28, 2016, previously published on January 27, 20162015 was an active year for price optimization among regulators, as nearly one-third of states issued guidance to P&C insurers on the practice. (Within the last two months alone, Connecticut, Missouri, and Alaska have issued bulletins on price optimization.) The National Association of Insurance...
|Florida's Citizens Property Insurance policy count drops below 500,000|
Colodny Fass P.A.;
January 27, 2016, previously published on January 20, 2016Citing the benefits of a "reinvigorated" private insurance market, affordable reinsurance and favorable weather, Florida's Citizens Property Insurance Corporation ("Citizens") announced today, January 20, 2016, that it has reduced its policy count to under 500,000, marking a...
|Florida Mediation of Property Insurance Rules Comment Period Open Until January 28, 2015|
Colodny Fass P.A.;
January 25, 2016, previously published on January 13, 2016Comments are open until January 28, 2016 on two proposed Rules relating to the mediation of property insurance claims.
|Missouri Insurance Director Warns Price Optimization Violates State Law|
Colodny Fass P.A.;
January 22, 2016, previously published on January 13, 2016The Missouri Department of Insurance ("MDI") issued Bulletin 16-02 to Missouri insurers yesterday, January 12, 2016, in reference to the prohibited rating practice generally known as "price optimization."