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HTMLWhat is War? Understanding Aviation War Risk Coverage
John E. Iole; Jones Day;
Legal Alert/Article
July 31, 2014, previously published on July 23, 2014
In the world of insurance, words frequently have a defined or accepted meaning that is different from the popular or intuitive understanding of the term. “War” and, in particular, war in the context of aviation insurance, is one of these.

 

HTMLChamperty Doesn’t Pay! - HKSAR v. Ip Hon Ming & Others
Marina O. K. Fung; Mayer Brown JSM;
Legal Alert/Article
July 31, 2014, previously published on July 28, 2014
The District Court of Hong Kong recently convicted a solicitor and a recovery agent for champerty, sending a clear message to recovery agents and solicitors that litigation funding in return for a fee is illegal.

 

HTMLSummary Judgment Granted In Claim For Subrogated Damages
Adriana De Marco; Borden Ladner Gervais LLP;
Legal Alert/Article
July 30, 2014, previously published on July 30, 2014
The action arose after the plaintiff, a pharmaceutical company, entered into an agreement (the “Agreement”) with one of the defendants, UPS SCS (“UPS”), pursuant to which UPS was to store vaccines belonging to the plaintiff in a temperature-controlled environment....

 

HTMLFlorida's Citizens Property Insurance Extends Optional Sinkhole Repair Offer to 600 Policyholder Litigants
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
After finalizing a similar agreement with another law firm approximately two weeks ago involving 300 policyholders, Citizens Property Insurance Corporation ("Citizens") announced today, July 29, 2014, that it has made settlement offers to 600 additional Citizens sinkhole policyholders who...

 

HTMLIllinois Discovery Rule - Onus on the Insured to Know the Terms and Liability Limits of their Policy
Gabriel R. Judd; Johnson & Bell, Ltd.;
Legal Alert/Article
July 29, 2014, previously published on July 2014
The discovery rule is an equitable exception that tolls the statute of limitations period until the plaintiff discovers, or has reason to discover, the cause of action. Knox College v. Celotex Corp., 88 Ill. 2d 407 (1981). In cases applying the discovery rule, courts hold that the statute of...

 

HTMLNo Bad Faith Claim Stated Where Court Found No Duty to Pay Benefits; And Further Found that the Complaint Did Not Allege Sufficient Facts to Make Out A Bad Faith Claim Even Had it Ruled Otherwise on Coverage (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 29, 2014, previously published on July 28, 2014
In Hackbarth v. Nationwide Mutual Insurance Company, the insured fell while attempting to enter his car. The court found that ice caused the fall, and the vehicle was not an instrumentality of the injury. Thus, there was no coverage. Thus, it dismissed the insured’s breach of contract...

 

Adobe PDFCertain Environmental Cleanup Costs May Not Be Covered by Insurance Where Administrative Orders Were Not “Adversarial” or “Coercive” Enough
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
July 28, 2014, previously published on July 14, 2014
Here is a huge generality, but it’s mostly true. Environmental groups usually support the issue of environmental justice and they are mostly unimpressed with any smokestack industry attempt to follow various environmental rules. However, in the case of carbon trading, at least here in...

 

HTMLDelaware Surplus Lines Insurance Brokers and Producers Must Use Updated Statement of Diligent Effort Form (SL-1923) Reflecting Notarization
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
Delaware Insurance Commissioner Karen Weldin Stewart issued Surplus Lines Bulletin No. 13 on June 30, 2014 to address the addition of a notary signature form to the current Statement of Diligent Effort (Form SL-1923 or "Form"). The addition was made after it had been determined that...

 

HTMLNova Scotia Supreme Court Awards $500,000 in Punitive Damages in Ltd Case
Stewart McKelvey;
Legal Alert/Article
July 26, 2014, previously published on July 9, 2014
In Industrial Alliance Insurance and Financial Services Inc. v. Brine, 2014 NSSC 219, National Life (and later its successor Industrial Alliance) alleged Brine had received undisclosed CPP and Superannuation disability benefits resulting in a substantial overpayment of $99,506.64. Brine had also...

 

HTMLInsured Adequately Alleged Bad Faith Claims By Pleading Specific Facts Concerning Delays in the Claims Handling Process, a Lack of Communication, And Discrepancy between the Alleged Injury and Settlement Sum Offered (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
In Padilla v. State Farm Mutual Automobile Insurance Company, the plaintiff brought a breach of contract and bad faith claim based on UIM coverage. The insurer took an examination under oath, had a medical examination done, and referred the case to counsel. The plaintiff alleged that the defendant...

 


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