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HTMLA Primer on the Miller Act's Federal Bonding Requirements
Daniel M. Carrico; Smith, Currie & Hancock LLP;
Legal Alert/Article
August 11, 2014
If you have ever been involved with a federal construction project—either as a contractor, subcontractor, supplier, or surety—you have probably had to deal with the Miller Act. That’s not surprising. Few pieces of legislation are more ubiquitous when it comes to construction work...

 

HTMLSpecial Workers Compensation Legislation Report--Retrospective Rating
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
August 6, 2014, previously published on August 8, 2014
CS/HB 785 by State Representative Albritton passed the Legislature and was approved by Governor Rick Scott on June 13, 2014. The effective date of the bill was July 1, 2014.

 

Adobe PDFHouse Bill 373 Enacted to Control the Level of Workers’ Compensation Insurance Premiums by Making Significant Changes in the Medical Reimbursements Allowable Under the Healthcare Payment System
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 6, 2014, previously published on July 31, 2014
This Act makes substantial changes to Titles 18 and 19 of the Delaware Code designed to control the level of workers’ compensation premiums in Delaware. The most significant changes are: (a) a 33% reduction in medical costs to the workers’ compensation system, phased in over a period of...

 

Adobe PDFDeposit Insurance Assessment System: FDIC Proposes Changes to the Ratios and Ratio Thresholds to Align the Deposit Insurance Assessment System with U.S. Basel III Capital Rules
Sullivan Cromwell LLP;
Legal Alert/Article
August 5, 2014, previously published on July 31, 2014
The Federal Deposit Insurance Corporation (“FDIC”) recently published for comment a proposed rule containing modifications to the deposit insurance assessment system (the “Proposed Rule”). The Proposed Rule would amend the FDIC’s 2011 final rule adopting a new...

 

HTMLThere is No Bad Faith Claim Where the Breach of Insurance Contract Claims Failed Either Because there was No Coverage or Insurer’s Position was Reasonable; Contract Claims against the Insured Contractor Failed Because they Do Not Constitute an Occurrence under Kvaerner or as "Subcontracted Work Property Damage"; or are Subject to CGL Exclusions J(5) and J(6), and Conduct at Issue is Outside Products Completed Operation Hazard; And there is No Duty to Defend in the Absence of a Suit (Third Circuit and Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
August 5, 2014, previously published on August 1, 2014
In Allegheny Design Management v. Travelers Indemnity Company of America, the insured was a general contractor with a commercial general liability policy. It hired a subcontractor to install glass and another to clean the glass that was to go in the new construction of a store. After installation,...

 

Adobe PDFThe Arizona Supreme Court Considers The Preclusive Effect of Damron Agreement Stipulations On Subsequent Coverage Disputes
Jefferson T. Collins; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
August 4, 2014, previously published on July 2014
In Quihuis v. State Farm Mut. Aut. Ins. Co., 748 F.3d 911 (9th Cir. 2014), the Ninth Circuit Court of Appeals recently certified a question to the Arizona Supreme Court that could have a significant impact on insurance law in the state. Quihuis involves a coverage dispute. The coverage litigation...

 

HTMLSan Antonio Court Of Appeals Affirms Summary Judgment In Favor Of Driver of Vehicle Based On the Statute Of Limitations in Lawsuit Brought By Passenger in Same Vehicle
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
The San Antonio Court of Appeals in Ellard v. Ellard, Cause No. 04-13-00709-CV, 2014 WL 3605935 (July 23, 2014), upheld summary judgment in favor of driver of vehicle based on the two-year statute of limitations set forth under Texas law.

 

HTMLFifth Circuit Finds Third-Party Has Standing Against Insurer When Forced To Counterclaim By Federal Rules
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 18, 2014
The Fifth Circuit recently addressed an exception to the general principal under Texas law that when an insured damages the property of a third party, the insurer is not obligated to pay damages on behalf of its insured until there is a final judgment entered against the insured or a settlement...

 

HTMLSouthern District Grants Summary Judgment In Favor Of The Insurer After Partial Appraisal Award Was Paid To The Insured
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
Last week, in Toney v. State Farm Lloyds, Civil Action No. 7:13-CV-183 (S.D. Tex. July 21, 2014), a Federal District Court Judge in the Southern District of Texas dismissed all of the Insured’s contractual and extra-contractual causes of action against State Farm.

 

HTMLTwo Recent Federal Cases Reflect Different Summary Judgment Approaches To Property Damage Claims
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 18, 2014
A federal court in Dallas granted summary judgment in favor of American Insurance Company (“AIC”) in a hail storm case. In Hamilton Properties v. Am. Ins. Co., No. 3:12-CV-5046-B, 2014 WL 3055801 (N.D. Tex. July 7, 2014) (Boyle, J.), a commercial property owner sued AIC for denial of a...

 


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