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HTMLBlame It on the Bank? Defending Mortgage Lenders in Premises Liability Cases
Joanna D. Buchanico; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 29, 2014, previously published on June 1, 2014
While the country’s mortgage crisis is waning, banks and lenders now are facing a growing litigation trend—defending themselves in premises liability cases when the subject property is in foreclosure. When dealing with landowner defendants with limited assets, plaintiffs are now turning...

 

HTMLThe Storm After the Storm
Eric R. Brown; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 29, 2014, previously published on June 1, 2014
It has now been more than 18 months since Hurricane Sandy made landfall in New Jersey, but the litigation related to that storm is just getting started. With any event that brings such damage, there is always a concern that judges may look to expand the bounds of coverage in favor of insureds. The...

 

HTMLFlorida’s New Daubert Standard for Expert Testimony is Retroactive
Tashia M. Small; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 29, 2014, previously published on June 1, 2014
Recently, Florida made the transition into a Daubert jurisdiction, aligning Florida courts with their federal counterparts. Simply stated, the amendment of Florida Statute § 90.702 makes the standard of admissibility of expert testimony in Florida courts stricter and more exacting.

 

HTMLLife Insurance Unclaimed Property Litigation in 2014: Will Regulator Positions Withstand Judicial Scrutiny?
David W. Arrojo, Wilson G. Barmeyer, Phillip E. Stano, Steuart H. Thomsen; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 28, 2014, previously published on Winter 2014
Amidst ongoing multistate unclaimed property audits of many life insurers, and despite many regulatory settlements, the insurance industry and state regulators continue to disagree over the application of unclaimed property laws governing life insurance. These disagreements have been percolating in...

 

HTMLLouisiana Insurance Department Adopts NAIC List of Qualified Jurisdictions for Reinsurer Certification
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
May 28, 2014, previously published on May 22, 2014
In Advisory Letter 2014-02 issued yesterday, May 21, 2014, Louisiana Insurance Commissioner Jim Donelon notified all Louisiana domestic insurers, along with foreign and alien reinsurers, that the Louisiana Department of Insurance has adopted the National Association of Insurance Commissioners'...

 

HTMLDistrict Court Denies Motion to Remand where Bad Faith Claims could Result in Punitive Damages Award that would Exceed $75,000 (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 28, 2014, previously published on May 21, 2014
In Carevel, LCC v. Aspen American Insurance Company, a Super Storm Sandy coverage case, the court addressed the issue of whether to remand the matter to state court for failure to meet the federal jurisdictional minimum of $75,000.

 

HTMLFollowing Florida Office of Insurance Regulation Reminder on Deductible, Copayment Exemption, Rulemaking Begins on Florida's Crimes Compensation Act Claims Filing
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
May 28, 2014, previously published on May 23, 2014
Rulemaking has commenced by the Florida Department of Legal Affairs to clarify definitions, documentation requirements, and amend benefits and procedures for claims filed pursuant to Florida's Crimes Compensation Act.

 

HTMLOn Motion in Limine, Court Decides: (1) Plaintiff’s Insurance Claim Handling Expert Cannot Testify on Medical Issues or Reserves; (2) Evidence of Reserves Not Proper in Disability Insurance Claim; (3) Past General Claims Handling Practices Not Admissible, But Pre-Claim Evidence Concerning Actual Insured Admissible; (4) Plaintiff Can Recover for Emotional Distress under Common Law Contract Breach of Duty of Good Faith; But (5) Plaintiff Cannot Recover for “Litigation Stress” Experienced in the Bad Faith Litigation Itself (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 28, 2014, previously published on May 20, 2014
In Leporace v. New York Life & Annuity Corp. the court addressed various motions in limine on a bad faith claim against a disability insurer.

 

HTMLBonds - Not to be Confused with Insurance
Michael R. Bosse, Michael A. Hodgins; Bernstein Shur;
Legal Alert/Article
May 27, 2014, previously published on May 22, 2014
In a case decided in early May in the Seventh Circuit Court of Appeals in Chicago, Hanover Insurance Company prevailed in its suit against general contractor Northern Building Company and its principal, to recoup payments made by Hanover under the contractor’s payment bond obligations. This...

 

HTMLPotential Risks of Healthcare Joint Ventures Between Insurance Companies and Hospitals
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 21, 2014
Healthcare joint ventures are nothing new. Since the mid-2000’s, physician-hospital ventures have been resurgent, notwithstanding the Office of Inspector General’s skepticism regarding the risk of fraud and abuse when investors are sources of referrals and the filing of numerous...

 


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