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HTMLCorpus Christi Court of Appeals Affirms Summary Judgment for Insurer for Crude Oil Spill Claim Under “Trucker’s Coverage”
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 14, 2014, previously published on August 7, 2014
In Superior Crude Gathering, Inc. v. Zurich American Insurance Company No. 13-13-00235-CV, the Corpus Christ Court of Appeals affirmed summary judgment for Zurich that its Trucker’s Coverage did not cover a crude oil leak from an aboveground storage tank.


HTMLWestern District Grants Rule 12(B)(6) Motion to Dismiss in Favor of Insurer in Wind/Hail Claim for Breach of Contract and Bad Faith
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 14, 2014, previously published on August 7, 2014
Last week, in Burton v. Companion Property and Casualty Insurance Company, Civil Action No. W-14-CV-054 (W.D. Tex. July 29, 2014), Federal District Court Judge Walter S. Smith, Jr. in the Waco division of the Western District of Texas dismissed all of the Insured’s contractual and...


HTMLPrivate Disability Insurance: Know the Coverage Details
Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
August 14, 2014, previously published on August 2014
Many employers provide short- and long-term disability insurance for their employees as an important part of their benefits packages. These policies often make an enormous difference in an employee's quality of life if she is injured or becomes sick unexpectedly. But if an employee needs to...


HTMLSecond Circuit Affirms Summary Judgment Opinion Allocating Financial Responsibility For April 2006 Texas Train Derailment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
In an April 2006 train derailment near Dallas, much of a train’s cargo, which included tractors, copying machines, and other manufactured goods, was destroyed. The goods were manufactured in Japan, shipped across the Pacific, and loaded onto railcars in California. Following the derailment,...


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,...


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.


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