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HTMLCourt of Appeal Allows Action Against Police and Crown to Continue: Phillion v. Ontario (Attorney General), 2014 ONCA 567
Adriana De Marco; Borden Ladner Gervais LLP;
Legal Alert/Article
September 15, 2014, previously published on September 10, 2014
The plaintiff was convicted of murder in 1972. He protested his innocence over the next several decades. He was eventually able to re-open his case and received previously undisclosed and potentially exculpatory alibi evidence. The plaintiff’s conviction was ultimately quashed on a reference...

 

HTMLCourt Rules That Attorney Client Privilege Does Not Apply Where Attorney Acts As A Claims Investigator; But Rejects The Insured's "Theory Of Wholesale Waiver" Where Insurer Denies Acting In Bad Faith In Answer And Where Legal Opinion Affects Adjuster's Mind, In Absence Of Advice Of Counsel Defense; And General Admonition That Each Redacted Item Must Be Analyzed Individually By Counsel (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 2, 2014
In Henriquez-Disla v. Allstate Property & Casualty Insurance Company, the insured brought bad faith and fraud claims against its insurers. There were two discovery issues: (1) whether certain communications in the case involving a lawyer were subject to the attorney client privilege or whether...

 

HTMLProperty Casualty Insurers Association of America Secures Important Federal Court Victory In Fair Housing Act's Discriminatory Effects Standard Relating to Homeowners Insurance
Maria Elena Abate; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
Legal Alert/Article
September 12, 2014, previously published on September 9, 2014
Led by the Property Casualty Insurers Association of America ("PCI"), the insurance industry won an important federal court victory on September 3, 2014 in an Illinois U.S. District Court battle against the U.S. Department of Housing and Urban Development ("HUD"). PCI had filed...

 

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...

 

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...

 

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...

 

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...

 

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."

 

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...

 


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