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HTMLTexas Court Talks Insurance And Actual Cash Value
Shannon M. O'Malley; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
May 20, 2015, previously published by Texas Law360 on April 8, 2015
When an insured suffers a property loss, the insurance policy defines the parameters of recovery. Typically, a property insurance policy¿s default valuation provision for a property loss is the actual cash value of the property. Calculation of the actual cash value often takes the age of the...

 

HTMLFlorida Office of Insurance Regulation Issues Guidance to HMOs on Financial Solvency Reporting Requirements
G. Donovan Brown; Colodny Fass, P.A.;
Legal Alert/Article
May 20, 2015, previously published on May 18, 2015
Issued May 15, 2015 by the Florida Office of Insurance Regulation ("OIR"), Informational Memorandum OIR-15-05M provides guidance on financial solvency reporting requirements to all Health Maintenance Organizations ("HMOs") operating in Florida that are required to file financial...

 

HTMLFederal Insurance Office Could Improve Consultation Process With State Insurance Regulators, U.S. Treasury Inspector General Reports
Colodny Fass P.A.;
Legal Alert/Article
May 20, 2015, previously published on May 18, 2015
The Federal Insurance Office ("FIO") has procedures in place for conducting activities with the International Association of Insurance Supervisors ("IAIS"), but could improve its consultation process with state insurance regulators, a May 15, 2015 report by the U.S. Treasury's...

 

HTMLPrice Optimization Update: NAIC Revises White Paper, Florida and Indiana Question Certain Practices
Eric A. Arnold, Thomas W. Curvin, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
“Price optimization,” a practice that uses predictive modeling and data analytics in pricing insurance products, continues to draw the attention of state regulators, consumer advocates, and class action plaintiffs. Last week, Indiana and Florida issued statements questioning certain...

 

HTMLColorado High Court Nixes Use of Lone Pine Orders to Streamline Colorado Fracking Litigation
Elayna M. Fiene, Cathleen H. Heintz, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2015, previously published on May 6, 2015
On April 20, 2015, the Colorado Supreme Court issued a ruling interpreting Rule 16 of the Colorado Rules of Civil Procedure and implicating the scope of a trial court’s inherent authority to manage the cases before it. In Antero Resources v. Strudley, the issue decided by the Court was...

 

HTMLAllegations of Purposeful Data Withholding Do Not Trigger Cyber E&O Coverage
Joseph F. Bermudez, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2015, previously published on May 12, 2015
In Travelers Property Casualty Co. of America v. Federal Recovery Servs., Inc., Case No. 2:14-CV-170 TS (D. Utah May 11, 2015), the United States District Court for the District of Utah held that where a cyber liability policy’s insuring agreement requires “any error, omission or...

 

HTMLSenator Warren's Investigation of Sales Incentives Offered By Annuity Writers
Matthew J. Gaul; Dentons Canada LLP;
Legal Alert/Article
May 15, 2015, previously published on May 1, 2015
On April 28, Senator Elizabeth Warren, a member of the Senate Banking Committee, launched a public inquiry that could have wide-ranging impacts on the insurance industry. Senator Warren sent a letter to the CEOs of the 15 largest US annuity writers, requesting information on the incentives they...

 

HTMLCybersecurity and the Insurance Industry
Andy Blair, JillAllison Opell, Keith W. Woodeshick; Dentons Canada LLP;
Legal Alert/Article
May 15, 2015, previously published on May 1, 2015
Cybersecurity is quickly emerging as a top policy issue for insurance regulators. Speaking at a Dow Jones Risk & Compliance forum last week, on April 21, 2015, New York Superintendent of Financial Services Benjamin Lawsky, said "I think [cybersecurity] will probably be the most important...

 

HTMLFlorida's Citizens Property Insurance Board Ends 1-in-100 Assessment Risk with Approval of 2015 Reinsurance Package
Colodny Fass P.A.;
Legal Alert/Article
May 14, 2015, previously published on April 30, 2015
In a brief meeting held this morning, April 30, 2015, Florida's Citizens Property Insurance Corporation's ("Citizens") Board of Governors ("Board") approved a multi-layered 2015 Hurricane Season risk transfer program for Citizens' Coastal Account consisting of mandatory Florida...

 

HTMLUsage-Based Insurance
Bruce E. Baty, Kara Baysinger, Matthew J. Gaul, Daniel Marino; Dentons Canada LLP;
Legal Alert/Article
May 14, 2015, previously published on April 17, 2015
The National Association of Insurance Commissioner’s Center for Insurance Policy and Research (CIPR) recently released the findings of its study on telematics-supported usage-based insurance (UBI). The study examines the fundamental transformation that telematics technology and UBI are having...

 


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