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|2015 Post-Season Florida Insurance Report|
Fred W. Baggett, Agustin G. Corbella, Hayden R. Dempsey, Leslie Y. Dughi, Ashlee T. Falco; Greenberg Traurig, LLP;
May 13, 2015, previously published on May 6, 2015Republicans fared well in the election cycle that preceded the 2015 Florida Legislative Session. Despite a tight race, Republican Governor Rick Scott won re-election as did the other three GOP Cabinet members. Additionally, Republicans took six House seats from the Democrats, regaining the...
|Insurance Coverage Considerations for Unmanned Aircraft Systems|
Tyrone R. Childress, Jeffrey J. Immel, Rebecca MacPherson; Jones Day;
May 13, 2015, previously published on April 2015On February 23, 2015, the Federal Aviation Administration ("FAA") issued new proposed regulations for the operation and certification of small unmanned aircraft systems ("sUAS"), popularly referred to as "drones." Although the proposed rules do not require that sUAS...
|Focus On International Standards|
Bert Adams, Eric A. Arnold, B. Scott Burton, James R. Dwyer, Eric R. Fenichel; Sutherland Asbill & Brennan LLP;
May 13, 2015, previously published on May 13, 2015The influence of international standards on the direction of insurance regulation in the United States has dominated public discussion about insurance regulation during recent years. Nowhere was that more evident than in Washington, D.C., last week. On May 5, the 6th Annual U.S.-EU Insurance...
|Pennsylvania Superior Court Holds that Reservation of Rights Letter was Ineffective where it was Untimely and Not Specifically Addressed to the Additional Insured.|
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
May 12, 2015, previously published on April 21, 2015In this unprecedented and highly impactful case, the Pennsylvania Superior Court held that two separate reservation of rights ("ROR") letters were ineffective as to an additional insured, where they were addressed to the named insureds, and were sent seven months after the underlying...
|Proof of Loss Untimely When Not Provided Within Extension of Time Granted By Property
Insurer: Court Grants Insurer's Motion to Dismiss|
Mark Ian Binsky; Abrams, Gorelick, Friedman & Jacobson, LLP;
May 12, 2015In a breach of contract action concerning first party property insurance coverage, the Honorable Eileen A. Rakower granted the defendant insurer's pre-answer motion to dismiss a Complaint which sought coverage for vandalism damage to commercial property. The Court held that the insureds had...
|Virginia auto insurer not subject to personal jurisdiction in New Jersey; Court dismisses UM insurer's Third-party Complaint seeking reformation of the policy|
Jay S. Gunsher, Dennis J. Monaco; Abrams, Gorelick, Friedman & Jacobson, LLP;
May 12, 2015A New Jersey Court dismissed a Third-party action against a foreign insurer for claims arising out of a motor vehicle accident in New Jersey. The insurer demonstrated that it did not have such "minimum contacts" with the State as to subject itself to the Court's jurisdiction.
|FDIC Proposal on Deposit Account Records and Failed Bank Deposit Insurance Determination|
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
May 11, 2015, previously published on April 30, 2015On April 28, 2015, the Federal Deposit Insurance Corporation (the “FDIC”) published in the Federal Register an advance notice of proposed rulemaking (the “ANPR”) proposing new recordkeeping standards and deposit insurance calculation requirements for certain FDIC-insured...
|Privacy Risks In Connected Cars - Much Ado About Nothing?|
Adrian Liu; Borden Ladner Gervais LLP;
May 7, 2015, previously published on April 23, 2015On March 25, 2015, the BC Freedom of Information and Privacy Association (FIPA) released a report highlighting privacy challenges in something that rivals smartphones in ubiquity: cars. The 123-page report, entitled The Connected Car: Who’s in the Driver’s Seat?, examines the complex...
|Ong. v. Fire Ins. Exchange (2D Dist. Ct. App. 2015) ---------Cal.App.4th ----, 2015 DJAR 3811, Case No. B252773|
McCormick Barstow Sheppard Wayte Carruth LLP;
May 7, 2015Plaintiff, Hung Van Ong, bought the subject property from his brother, Eugene Ong, in 2007. Gas and electric utilities were turned off in February 2010 after the last tenants moved out. On December 20, 2011, Eugene Ong submitted a claim to Fire Insurance Exchange ("FIE"), on behalf of his...
|In Non-precedential Case, Third Circuit Affirms Fracking Trade Secrets Trump Physician’s Right to Know, Absent Actual Harm|
Michael J. Cawley, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 6, 2015, previously published on April 13, 2015Fracking in Pennsylvania continues to create work for the courts. On March 16, 2015, in a non-precedential opinion in Rodriguez v. Secretary of Pennsylvania Environmental Protection of PA et al., the Third Circuit issued a ruling concerning whether a Pennsylvania doctor had standing to challenge...