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HTMLNew Title Insurance Endorsements: One Size Does Not Fit All
Lillian E. Eyrich; Steeg Law Firm, LLC;
Legal Alert/Article
September 12, 2014
Title insurance is a standard requirement in most real estate transactions and the importance to both lenders and property owners of properly underwritten title insurance is crucial. In this article, Lillian E. Eyrich, a senior associate and title insurance attorney at Steeg Law, provides an...

 

HTMLFourth District Court of Appeal Rules Bad Faith Claim May Proceed Even In Absence of Breach of Contract
Maria Elena Abate; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
Legal Alert/Article
September 12, 2014, previously published on September 9, 2014
On September 3, 2014, in an en banc decision, the Fourth District Court of Appeal expressly stated that an insured may proceed with a bad faith claim even when there has been no determination that the insurer has breached any contractual duties. Cammarata v. State Farm Fla., Ins., 2014 WL 4327948...

 

HTMLFlorida Citizens Property Insurance Statewide Average Homeowners Rate to Decrease 3.7 Percent
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 12, 2014, previously published on September 5, 2014
The Florida Office of Insurance Regulation ("OIR") has established the 2015 rates for Citizens Property Insurance Corporation ("Citizens"), the State-run property insurer. Pursuant to the OIR Order issued today, September 5, 2014, the statewide average homeowners rate will...

 

HTMLCovenants to Insure
Michael Nienhuis, Will Skinner; McCarthy Tétrault LLP;
Legal Alert/Article
September 8, 2014, previously published on September 5, 2014
In most commercial leases, the landlord and tenant obligate themselves to obtain policies of insurance against certain risks. This often includes, for the landlord, property insurance for the building and boiler equipment, liability and property policies for the landlord’s operations in the...

 

HTMLUnder the Right Circumstances, an Insured Entitled to “Independent Counsel” in California Can Retain More Than One Firm
Carey B. Moorehead; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 8, 2014, previously published on September 5, 2014
In a case of first impression, a California District Court has ruled that California law does not preclude an insured from retaining multiple law firms as independent or Cumis counsel where the insurer is defending under reservation of rights. The court’s ruling came in the case of Signal...

 

HTMLFifth Circuit Requires Underwriters to Pay for Removal of Debris Claims Under Excess Policies
William C. Baldwin; Jones Walker LLP;
Legal Alert/Article
September 5, 2014, previously published on August 28, 2014
After Hurricane Ike caused extensive damage to W&T Offshore's operations and required expensive removal of debris costs, W&T Offshore's excess underwriters filed a preemptive declaratory judgment action, seeking a ruling that the underwriters were not obligated to pay claims under their excess...

 

HTMLVirginia Bureau of Insurance--Property Claim Appraisal Awards Are Binding; Insurance Coverage Forms Must be Amended
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 5, 2014, previously published on September 3, 2014
The Virginia Bureau of Insurance ("Bureau") advised via memorandum on August 29, 2014 that all licensed property and casualty insurers and rate service organizations must amend coverage forms to remove language requiring appraisal awards in property claims to be non-binding. Revised...

 

HTMLProcedural Differences for Claims on Standard Form Performance and Payment Bonds
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
Legal Alert/Article
September 5, 2014, previously published on September 2, 2014
Construction suretyship is a three-part relationship in which a surety provides performance and payment bonds guarantying the performance of a contractor to an owner and the contractor’s subcontractors and suppliers. A contractor may also demand performance and payment bonds from its...

 

HTMLCharlie Crist Publishes Property Insurance Plan; Scott Campaign Responds
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 5, 2014, previously published on September 4, 2014
In an 11-page document released today, September 4, 2014, former Florida Governor Charlie Crist compared his record on Florida property insurance to that of current Governor Rick Scott, explaining that " . . . Floridians are paying more money for less coverage."

 

HTMLFlorida Office of Insurance Regulation Approves Removal of up to 427,584 Policies from Citizens
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 5, 2014, previously published on September 4, 2014
The Florida Office of Insurance Regulation ("OIR") announced today, September 4, 2014, that it has approved the removal of up to 425,357 personal residential policies and 2,227 commercial residential polices from Citizens Property Insurance Corporation ("Citizens") by the...

 


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