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HTMLTRIA - When the Ball Drops, No Need to Panic But...
Aaron J. Aisen, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 23, 2014
At exactly 12:00 a.m. on January 1, 2015, the New Year will be celebrated amidst ball drops and renditions of “Auld Lang Syne.” However, amidst the celebrations, the Terrorism Risk Insurance Act (TRIA) will expire. While there is a very real possibility that Congress will pass...

 

HTMLMinnesota Court Finds Specific Provisions In Policy Exclusion Govern Over More General Follow Form Provisions
Jonathan Schapp, Jensen Varghese; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 17, 2014
This insurance coverage action stemmed from an underlying motor vehicle accident where Arnold Paster’s vehicle (driven by Paster and owned by Paster Enterprises) collided with Jerome G. Wind’s motorcycle. Wind sought coverage for his injuries from Paster Enterprises’ commercial...

 

HTMLUpdate: “Where are You TRIA?” - Maybe Next Year
Aaron J. Aisen, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on February 2, 2015
Last week we commented upon the debate surrounding the Terrorism Risk Insurance Act (TRIA). However, unlike the end of How the Grinch Stole Christmas where Cindy Lou Who ultimately found Christmas, TRIA did not make the cut of hastily passed legislation/nominations as the Senate gaveled to a close...

 

HTMLGAO and MITRE Sponsor Discussion on Information Sharing During a Crisis
Aaron J. Aisen; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 13, 2015
During a crisis, good information is critical to ensure a proper and prompt response. One big challenge is how to ensure good information sharing both between different levels of government and even between agencies at the same level of government.

 

HTMLIllinois Appellate Court Rejects Professional Liability Coverage for Junk Fax Claim
Jonathan L. Schwartz, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 5, 2015
In Margulis v. BCS Insurance Co., 2014 IL App (1st) 140286, the Illinois Appellate Court affirmed a circuit court’s grant of summary judgment in favor of BCS Insurance Company (BCS), finding that it was not obligated to defend or indemnify its insured, Bradford & Associates (Bradford),...

 

HTMLTenth Circuit Reminds Insurer Cannot Use the Attorney-Client Privilege as Both a Sword and a Shield
Jensen Varghese, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 13, 2015
The Tenth Circuit in Seneca Insurance Co. v. Western Claims, Inc., 2014 U.S. App. LEXIS 24172 (10th Cir. Dec. 22, 2014), affirmed a district court’s decision to allow the discovery and admission into evidence of correspondence between Seneca Insurance Company (Seneca) and its counsel...

 

HTMLPA High Court Gives Green Light to Assignment of Bad Faith Claims
Anthony J. Golowski, Michael S. Saltzman; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 6, 2015
In Allstate Prop. & Casualty Insurance Co. v. Wolfe, No. 39 MAP 2014, 2014 Pa. LEXIS 3309 (Pa. Dec. 15, 2014), the Pennsylvania Supreme Court, in deciding a certified question from the Third Circuit, ruled that statutory bad faith claims under 42 Pa. C.S.A. § 8371 are assignable.

 

HTMLSettlement of Ill-Gotten Gains Suit Does Not Constitute Repayment or Restitution
James D. Macri, Jonathan Schapp; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 5, 2015
On Tuesday, December 16, in U.S. Bank Nat. Ass’n v. Indian Harbor Ins. Co., 2014 WL 7183851 (D. Minn. Dec. 16, 2014), the US District Court for the District of Minnesota granted US Bank’s summary judgment motion, finding insurance coverage in an overdraft-fee dispute settlement.

 

HTMLIndependent Contractors Fall within Employment-Related Practices Exclusions Says First Circuit
Michael Glascott, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 12, 2015
In Ruksznis v. Argonaut Insurance Co., 2014 U.S. App. LEXIS 23881 (1st Cir. Dec. 18, 2014), the First Circuit affirmed the district court’s grant of summary judgment in favor of Argonaut Insurance Company (Argonaut), finding that the employment-related practices exclusion in the subject...

 

HTMLTrying to Upend the Workers’ Compensation Act in Florida
David A. Mercer; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 13, 2015
A recent and unusual opinion out of the Circuit Court for Miami-Dade County may, at the minimum, be a harbinger for changes to come to Florida’s Workers’ Compensation Act. At the maximum, it could also provide the basis for thousands of potential liability lawsuits.

 


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