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|Schism Between Groups of Asbestos Claimants Following $358 Million Garlock Settlement|
Helen A. Franzese, Rebecca Haworth; Goldberg Segalla LLP;
March 11, 2015, previously published on February 25, 2015In a $358 million dollar agreement, which has drawn nationwide attention from insurers and other companies with asbestos liabilities, Garlock Sealing Technologies has agreed to settle all asbestos claims against the company. This agreement was made possible largely because of evidence that lawyers...
|South Carolina Supreme Court: Medical Malpractice Statute of Repose Bars Claims for Equitable Indemnity|
Richard J. Ahn, James D. Macri; Goldberg Segalla LLP;
March 11, 2015, previously published on February 18, 2015In Columbia/CSA-HS Greater Columbia Healthcare Sys., LP v. S. Carolina Med. Malpractice Liab. Joint Underwriting Ass’n, 2015 WL 249536 (S.C. Jan. 21, 2015), the Supreme Court of South Carolina affirmed two lower courts’ constructions of the medical malpractice statute of repose and...
|Florida Office of Insurance Regulation Terminates Citizens Property Insurance 2007 Emergency Assessment|
Colodny Fass P.A.;
March 11, 2015, previously published on March 5, 2015Insurers currently collecting a 2007 Emergency Assessment levied on assessable Florida policies to cover a deficit in Citizens Property Insurance Corporation's High-Risk Account (now known as the "Coastal Account") for the 2005 Plan Year must cease collection by July 1, 2015 on both new...
|District Court Sleuthing Around Policy Numbering Undermines Insurer’s Motion for Summary Judgment|
Michael Lettiero, Michael S. Saltzman; Goldberg Segalla LLP;
March 11, 2015, previously published on February 23, 2015In Connolly v. Progressive Northern Insurance Co., et al., No. 3:13-cv-2717, 2015 WL 464877 (M.D. Penn. Feb. 4, 2015), the United States District Court for the Middle District of Pennsylvania denied Progressive Northern Insurance Company’s (“Progressive”) motion for summary...
|Toll Free: First Circuit’s Decision Potentially Leaves Thousands of Asbestos Claimants Without Remedy Due to Expiration of Statute of Limitations|
Joanna M. Roberto, Alex J. Yastrow; Goldberg Segalla LLP;
March 11, 2015, previously published on February 24, 2015In Lydon v. T& N Ltd., 2015 WL 544970 (1st Cir. 2015), the First Circuit found in favor of T&N Limited, an asbestos manufacturer, effectively denying thousands of asbestos-related claims. Once T&N became aware that its product exposed it to significant liability due to its propensity to cause...
|Cyber Breaches Prompt Government Action|
Aaron J. Aisen, Frederick J. Pomerantz; Goldberg Segalla LLP;
March 11, 2015, previously published on February 23, 2015The recent data breach at health insurer Anthem has sparked new legislation in Connecticut. During the breach, at least 80 million records were stolen. According to NBC News, among the 80 million victims, tens of millions of American children had their Social Security numbers, dates of birth,...
|N.Y. Court of Appeals Upholds Carriers Interpretation of Ensuing Loss Exception to Water Exclusion|
Brian R. Biggie, Fallyn B. Cavalieri; Goldberg Segalla LLP;
March 11, 2015, previously published on February 27, 2015In Platek v Town of Hamberg (N.Y. Ct. Apps., Feb. 19, 2015), New York’s highest court reversed the decision of the Fourth Department appeals court siding with the carrier’s interpretation of the water exclusion contained within a homeowner’s all risk policy. The relevant policy...
|Florida House Insurance Subcommittee Approves FIGA, Commercial Rate Filing, Reciprocal Insurance Bills Today--March 3, 2015|
Colodny Fass P.A.;
March 11, 2015, previously published on March 3, 2015The Florida House of Representatives ("House") Insurance and Banking Subcommittee ("Subcommittee") met today, March 3, 2015.
|Missouri Department of Insurance Announces FAIR Plan Sinkhole Coverage Now Available|
Colodny Fass P.A.;
March 11, 2015, previously published on March 4, 2015Missourians can now purchase sinkhole coverage through the state's Fair Access to Insurance Requirements Plan ("FAIR Plan"), the Missouri Department of Insurance, Financial Institutions and Professional Registration announced today, March 4, 2015.
|Open, Obvious and Not So Obvious|
Samuel G. Casolari; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 10, 2015, previously published on March 1, 2015In McHugh v. Zaatar, 2015 Ohio App. Lexis 128 (Ohio Ct. App. Jan. 20, 2015), the Ninth District Court of Appeals reversed summary judgment in favor of a landlord in a dispute with a tenant. The tenant sued the landlord for, among other things, personal injury as a result of a fall down basement...