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|Florida Office of Insurance Regulation Rulemaking Continues on Florida Property Insurance Claims Mediation Program; August 12 Hearing Scheduled|
Megan M. Grant; Colodny Fass, P.A.;
July 16, 2015, previously published on July 15, 2015After a Rule Development Workshop held earlier this year, substantial changes have now been proposed for Rule 69O-166.031 entitled "Mediation of Property Insurance Claims."
|Stop Loss Policies Containing Certain Provisions Must Be Amended by September 1, 2015, Connecticut Insurance Commissioner Says|
Colodny Fass P.A.;
July 15, 2015, previously published on July 9, 2015In Bulletin(s) HC-103 and PC-79 issued yesterday, July 8, 2015, Connecticut Insurance Commissioner Katharine Wade advised all insurance companies and others doing business in the State of Connecticut on certain provisions that will not be approved in a stop loss policy.
|Saskatchewan Court of Appeal Dramatically Reduces Punitive Damages Award Against Insurers|
Adriana De Marco, Andrew Harrison; Borden Ladner Gervais LLP;
July 15, 2015, previously published on July 14, 2015The Saskatchewan Court of Appeal recently allowed appeals by both Zurich and AIG in a claim advanced by an injured worker, reducing the punitive damages awards made against the insurers from $4.5 million to $675,000.
|National Conference of Insurance Legislators (NCOIL) 2015 Summer Meeting Preview|
Colodny Fass P.A.;
July 15, 2015, previously published on July 10, 2015Along with various committee meetings, several special programs are scheduled for Friday, July 17, highlighted by a workshop on the insurance implications of medical marijuana presented by NCOIL's Institute for Insurance Policy.
|Critical Regulations and Libel Suit Raise Adverse Publicity Coverage Issues|
Joseph F. Bermudez; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 14, 2015, previously published on July 13, 2015Brand is everything! The ability and opportunities to extend a brand’s reach are vast, with the smallest companies able to brand globally. Equally important is protecting an established brand. Competitors and consumers can criticize, attack, protest, boycott, complain about and even...
|A Reservation of Rights Letter is Ineffective When it is Untimely and Not Specifically Addressed to the Additional Insured|
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 14, 2015, previously published on July 6, 2015In this unprecedented and highly impactful case, the Pennsylvania Superior Court held that two separate reservation of rights (ROR) letters were ineffective as to an additional insured because they were addressed to the named insureds and were sent seven months after the underlying complaint had...
|Price Optimization White Paper Draft Comments To Be Reviewed at NAIC Casualty Actuarial and Statistical Task Force July 21 Meeting|
G. Donovan Brown; Colodny Fass, P.A.;
July 14, 2015, previously published on July 13, 2015"The (insurance) industry (has a) penchant for avoiding regulatory scrutiny of risk classifications by calling them something else . . . . Regulators need to stop this verbal arbitrage by insurers."
|Pennsylvania Superior Court Further Limits the Limited Tort Defense|
Patrick M. Carey; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 13, 2015, previously published on June 1, 2015After criticizing the reasoning behind a decision it rendered in 1997, the Pennsylvania Superior Court opted to follow that flawed logic when deciding the recent limited-tort case of Varner-Mort v. Kapfhammer, 109 A.3d 244 (Pa.Super. 2015). In that case, Donna Varner-Mort was involved in an...
|Massachusetts Appeals Court Adopts Two-Prong Continuity and Profit Motive Test to Determine Whether Business Pursuits Exclusion Applies Under Homeowners' Policy|
William T. Bogaert, Kara Thorvaldsen; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 13, 2015, previously published on July 7, 2015The Massachusetts Appeals Court has provided some much needed guidance on the “business pursuits exclusion” in a recent coverage dispute between a homeowners’ insurer and a commercial liability insurer. In Preferred Mutual Ins. Co. v. Vermont Mut. Ins. Co., Mass. App. Ct. No....
|Cyber Liability: Are you protected? Examining your coverage in the wake of the first decision under a cyber insurance policy|
Kristen E. Hudson; Chuhak Tecson P.C.;
July 10, 2015, previously published on July 2, 2015The first coverage decision under a “cyber” policy was handed down in May 2015 from a Utah federal court. That case - Travelers Property Casualty Co. v. Federal Recovery Services, Inc.- did not involve a data breach, but it did involve a dispute over data rights, and contains a number...