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HTMLCyber 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.;
Legal Alert/Article
July 10, 2015, previously published on July 2, 2015
The 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...


HTMLFlorida Hurricane Catastrophe Fund Projected Aggregate 2015 Premium Updated
Colodny Fass P.A.;
Legal Alert/Article
July 10, 2015, previously published on July 6, 2015
The Florida Hurricane Catastrophe Fund ("FHCF") advised today, July 6, 2015, that, subsequent to the development of its 2015 Ratemaking Formula Report, several insurers revised their coverage selections for the 2015 FHCF Contract Year. As a result of these changes, the estimate of the...


HTMLEleventh Circuit Denies Coverage for Wrongful Acts of Directors and Officers That Arose Out of Their Wrongful Acts as Trustees, an Uninsured Capacity
Thomas M. Spitaletto, James K. Thurston; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 8, 2015, previously published on June 30, 2015
On Monday, June 22, 2015, the Eleventh Circuit, in The Langdale Company v. National Union Fire Insurance Company of Pittsburgh, PA, No. 14-12723 (11th Cir. 2015), ruled for the insurer on a “capacity” exclusion in a director and officer policy that precluded coverage for loss in...


HTMLFederal Insurance Office Seeking Further Comment On Affordable Personal Auto Liability Insurance for Affected Persons 
G. Donovan Brown; Colodny Fass, P.A.;
Legal Alert/Article
July 6, 2015, previously published on July 2, 2015
In a Request for Information ("RFI") published today, July 2, 2015, the Federal Insurance Office ("FIO") is seeking comments and supporting information on its proposed working definition of "affordable personal auto liability insurance for affected persons."


HTMLNew Georgia Captive Insurance Regulations Proposed After HB 552 Enacted
Colodny Fass P.A.;
Legal Alert/Article
July 6, 2015, previously published on July 02, 2015
The State of Georgia has proposed a complete repeal of its current regulations relating to captive insurance companies, with the goal of adopting a new Rule Chapter on the same subject pursuant to the enactment of HB 552 this year, the Georgia Office of Insurance and Fire Safety announced today,...


HTMLExcess Line Policies Submitted With 'Most Favored Nation' Punitive Damage Insurability Clause Will Be Suspended and Reported, Excess Line Association of New York (ELANY) Warns
Colodny Fass P.A.;
Legal Alert/Article
July 6, 2015, previously published on July 01, 2015
Any excess line policy submitted to the Excess Line Association of New York ("ELANY") that contains the so-called "Most Favored Nation" punitive damage insurability clause or similar language will be suspended and reported to the New York Department of Financial Services...


HTMLIAIS Update--Public Consultation Begins on Higher Loss Absorbency Requirement for Global Systemically Important Insurers; Additional Insurance Capital Standards Information Released
Colodny Fass P.A.;
Legal Alert/Article
July 6, 2015, previously published on June 30, 2015
The International Association of Insurance Supervisors ("IAIS") announced last week, June 25, 2015, that it has begun a public consultation to help finalize development of the Higher Loss Absorbency ("HLA") requirement for global systemically important insurers...


HTMLFlorida's Citizens Property Insurance Board Approves Proposed 2016 Rates
Colodny Fass P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 24, 2015
At its meeting in Orlando today, June 24, 2015, Florida's Citizens Property Insurance Corporation's ("Citizens") Board of Governors ("Board") unanimously approved a 2016 rate package that the State-run insurer explained lowers rates for nearly half of Citizens' Personal Lines...


HTMLInsurer Has Duty To Defend Even Though Insured Did Not Immediately Notify Insurer Of Underlying Lawsuit
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 1, 2015, previously published on June 30, 2015
The United States sued Company A for discharging pollutants from an offshore platform in the Gulf of Mexico in February 2013 after giving notice to Company A of the alleged violations in March 2012. Company A failed to give notice to its insurer of the potential violations until September 2013...


HTMLThe Supreme Court Preserves Key Insurance Subsidy Provisions Of The Affordable Care Act
Lorie Maring; Fisher & Phillips LLP;
Legal Alert/Article
June 30, 2015, previously published on June 25, 2015
Today, in an anxiously awaited opinion, the U.S. Supreme Court preserved key provisions of President Obama’s Affordable Care Act (ACA), maintaining insurance subsidies despite a stiff challenge from opponents. By a 6 to 3 vote, the Court ruled that health insurance subsidies are available to...


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