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HTMLCourt Denies Carrier’s Motion to Dismiss Where it was Alleged that the Carrier Utilized a Contractor to Obtain a Lower Valuation of the Insureds’ Loss (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2014, previously published on March 4, 2014
In Williamson v. Chubb Indem. Ins. Co., the insureds sought benefits under their homeowner’s insurance policy after incurring damage to their home. After notifying the carrier of their claim, the carrier acknowledged that the damage was covered under the policy. The carrier retained an...

 

HTMLUnited States District Court Finds That Failure to Ship Goods Did Not Fall within Insurance Policy’s Coverage for “Property Damage”
Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
March 12, 2014, previously published on March 2014
In M Consulting and Export, LLC v. Travelers Casualty Insurance Company of America , the United States District Court for the District of Maryland entered summary judgment in favor of a defendant insurer, which had declined to pay a default judgment award that its named insured was legally...

 

HTMLCourt Rules that Carrier Acted with Poor Judgment, But Did Not Engage in Bad Faith (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2014, previously published on March 4, 2014
In Schifino v. Geico Gen. Ins. Co., the Plaintiff-insured sued his insurance carriers seeking underinsured motorist (“UIM”) benefits pursuant to automobile insurance policies issued by each defendant-carrier. The insured argued that the carriers had breached their contractual duties in...

 

HTMLComplaint Sufficiently Pleaded That Carrier Engaged Biased Doctor for IME in Making out Bad Faith Claim (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2014, previously published on March 6, 2014
In Neal v. State Farm Mut. Auto. Ins., the plaintiff sought relief on the basis that she was denied benefits based on a biased independent medical examination (IME), and that the insurer abused the IME process. Defendant moved to dismiss for a a failure to adequately plead under Twombly, and...

 

HTMLNCOIL Unclaimed Property Task Force Springs Into Action; Co-Chair Keiser Seeks Proposed Changes to Model Unclaimed Life Insurance Benefits Act at Spring Meeting
Ellen M. Dunn, Robert D. Owen, Phillip E. Stano, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 11, 2014, previously published on March 10, 2014
On Friday, March 7, 2014, the National Conference of Insurance Legislators’ (NCOIL) Unclaimed Property Task Force (Task Force) met in-person at NCOIL’s spring meeting. Led by the Task Force’s Co-Chair George Keiser (ND), the meeting focused on the top issues affecting unclaimed...

 

HTMLUnderstanding the “Your Work” Exclusion in CGL Insurance Policies
Maggie D. Finnegan; Vandeventer Black LLP;
Legal Alert/Article
March 11, 2014, previously published on March 2014
Most construction contracts require contractors to carry CGL insurance to cover potential liability due to property damage and bodily injury. However, it is important to note that CGL policies often include numerous policy exclusions.

 

Adobe PDFOngoing or Completed Operations? Fifth Circuit Finds No Duty to Defend Contractor under Additional Insured Endorsement
John M. Lassiter, Christopher D. Meyer; Burr & Forman LLP;
Legal Alert/Article
March 11, 2014, previously published on March 10, 2014
In Woodward, L.L.C. v. Acceptance Indemnity Insurance Company, WL 535726 (5th Cir. 2014), the Fifth Circuit Court of Appeals held the insurer had no duty to defend the contractor named as an additional insured under a subcontractor’s Commercial General Liability policy. The Court’s...

 

HTMLHouse Passes Flood Insurance Legislation
McDonald Hopkins LLC;
Legal Alert/Article
March 11, 2014, previously published on March 7, 2014
On Tuesday, the House passed legislation aimed at curbing premium increases in the nation's flood insurance program by a vote of 306 to 91. The legislation, sponsored by Representatives Michael Grimm (R-NY) and Maxine Waters (D-CA), reverses some of the changes to the National Flood Insurance...

 

HTMLEnterprise Risk Report For Certain New York Insurers Due April 30, 2014
Julie L. Mahaney, Nick Pearson; Edwards Wildman Palmer LLP;
Legal Alert/Article
March 10, 2014, previously published on March 2014
The New York State Department of Financial Services (the “Department”) recently proposed Regulation 203 (the “Proposed Regulation”) which attempts to assess the “enterprise risk” impacting New York authorized insurers and business risks disclosed by New York...

 

Adobe PDFNew FATCA Regulations Address Certain Concerns of the Insurance Industry
Dennis L. Allen, Jeffrey H. Mace, Michael R. Miles, William R. Pauls, M. Kristan Rizzolo; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 10, 2014, previously published on February 28, 2014
On February 20, Treasury and the IRS issued new final and temporary Foreign Account Tax Compliance Act (FATCA) regulations. In brief, the new FATCA regulations provide positive changes with respect to several issues raised by the insurance industry, including the treatment of:

 


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