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|Bad Faith Failure to Settle: When Does the Clock Start Ticking in Delaware?|
Thomas J. Gerard; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 12, 2016, previously published on September 1, 2016The relationship between an insurance carrier and its insured during litigation is often fraught with a delicate balance of interests. At times an insurer’s corporate self-interest may seem to drive its decisions regarding litigation and may seemingly result in a conflict of interest with its...
|Venue in New York Personal Injury Actions CPLR Article 5: Where to Be and How to Get There|
Angela M. Evangelista; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 12, 2016, previously published on September 1, 2016The rules relating to the venue of civil actions are found in Article 5 of the Civil Practice & Law Rules. This article will focus on venue in personal injury actions.
|Court Takes Issue with Defence Medical Experts Who Derived Bulk of their Income from Defence Work|
Matthew Gray, Michael J.L. White; Borden Ladner Gervais LLP;
September 11, 2016, previously published on August 24, 2016In Ontario, a plaintiff claiming damages arising from a motor vehicle accident ("MVA") must satisfy the statutory threshold in accordance with section 267.5(5) of the Insurance Act (the "Act"). Briefly, pursuant to the Act, a plaintiff must demonstrate that he or she has...
|Death of the Negligent Mode of Operation Theory: An Update on Florida’s Transitory, Foreign Substances Statute|
Amanda L. Ingersoll, R. Thomas Roberts; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 11, 2016, previously published on September 1, 2016Within the past 15 years, Florida’s slip-and-fall law has experienced its own ups and downs. In 2010, noting that slip-and-fall accidents were the most common type of liability claims facing insurers of bars, restaurants and taverns, the Florida Legislature revised the statutory burden of...
|It’s All About the Timing... A Guide to Producing Surveillance Evidence of the Plaintiff in Personal Injury Cases|
Laurianne Falcone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 11, 2016, previously published on September 1, 2016Aside from the thorny question of whether to even conduct surveillance on the plaintiff in a personal injury case, there is the question of when to produce the surveillance you obtained to opposing counsel. Pennsylvania’s case law indicates that this production should occur early enough...
|NAIC Report: 2016 Summer National Meeting|
B. Scott Burton, Ling Ling, Michael R. Nelson, John S. Pruitt, Cynthia R. Shoss; Sutherland Asbill & Brennan LLP;
September 7, 2016, previously published on September 7, 2016The National Association of Insurance Commissioners (NAIC) held its 2016 Summer National Meeting from August 26 through August 29 in San Diego, California.
|Intellectual Property Exclusion does not Bar Insurance Coverage for Claims under Patent Licensing Agreement|
Celia Jackson, Gregory L. (Greg) Lippetz, Brian D. McDonald; Jones Day;
September 6, 2016, previously published on August 2016On June 21, 2016, the Northern District of California found that an exclusion for infringement of intellectual property rights in a commercial insurance policy did not bar coverage for claims asserted against a patent holder under a patent licensing agreement. In St. Paul Mercury Ins. Co. v....
|Post-Flooding Checklist for Individuals|
V. Thomas Clark, Chris A. D'Amour, Lee C. Reid, J. Robert Wooley; Adams and Reese LLP;
September 6, 2016, previously published on August 17, 2016Due to recent flooding, individuals and families in Louisiana may be eligible for federal assistance if they live, own a business, or work in the disaster area. Insurance will also play a vital role in the recovery of real property, personal property and business interests. This checklist should...
|Louisiana Insurance Commissioner Issues Rule Impacting Recent Flood Related Claims|
Chris A. D'Amour, J. Robert Wooley; Adams and Reese LLP;
September 6, 2016, previously published on August 19, 2016On August 18, 2016, Insurance Commissioner Jim Donelon issued an Emergency Rule that will impact the adjustment of claims related to the recent catastrophic flooding in over 20 Louisiana parishes.1 This Rule will be in effect until September 10, 2016.
|NAIC Task Force Releases Revised Draft Insurance Data Security Model Law|
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
August 30, 2016, previously published on August 25, 2016On August 17, the National Association of Insurance Commissioners (the NAIC) Cybersecurity (EX) Task Force (the Task Force) released for comment a revised draft Insurance Data Security Model Law (the Model Law). This Model Law purports to “establish exclusive standards . . . for data security...