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|UPDATE - Legislation Relating To Risk Management Of Insurers And Insurance Holding Companies Signed by Michigan Governor Effective December 22, 2015|
Joshua K. Richardson, Paul D. Yared; Foster, Swift, Collins & Smith, P.C.;
February 10, 2016, previously published on February 3, 2016Our October 30, 2015 Newsletter reported on proposed legislation amending the Michigan Insurance Code to grant DIFS additional authority to ensure financial solvency of insurance companies doing business in Michigan. The legislation was signed by the Governor and became effective December 22, 2015.
|The European Council adopts the Insurance Distribution Directive|
GANADO Advocates; GANADO Advocates;
February 9, 2016, previously published on December 2015The European Council has formally adopted the EU Insurance Distribution Directive (formerly known as the Insurance Mediation Directive 2) (the “IDD”) on the 14th December 2015.
|Replacement Cost Coverage is Not Your Friend|
Daniel R. Sullivan; Gentry Locke Rakes & Moore, LLP;
February 4, 2016, previously published on January 2016Every business that owns or operates out of a brick and mortar location needs a commercial insurance policy for that building. This we can all agree on. But what happens when the insurance policy will pay out only after the policy holder replaces the destroyed property? What happens if the...
|Drug Costs, Risk Adjustment Drive Q2 Health Insurance Rate Increases|
Julie Cox, Sasha Dudding, Stephen M. Weiner; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 3, 2016, previously published on January 26, 2016The Massachusetts Division of Insurance (DOI) recently held a two-day hearing on rate changes proposed by Massachusetts health insurance plans to be effective for the second quarter of 2016 (Q2). Presentations by carriers, in the state that provided the prototype for the Affordable Care Act (ACA),...
|‘Til Death Do Us Part: Avoiding Pitfalls Associated with Life Insurance Provisions in Family Law Matters|
Jan L. Bernstein, Thomas S. Novak; Sills Cummis & Gross P.C.;
February 2, 2016, previously published on January 2016A well drafted Matrimonial Settlement Agreement will contain language addressing appropriate security in case of death for all of the financial obligations included in the Agreement. These provisions often are focused on life insurance and can be complex. Without the right language, the security...
|Oklahoma Bill Mandates Market Survey of Shops|
Sutherland Asbill Brennan LLP;
February 2, 2016, previously published on February 1, 2016The Oklahoma legislature is considering a bill requiring insurers to conduct an annual market survey of motor vehicle repair and glass repair shop collision repair facilities. The survey would request information from repair shops on topics such as labor and material cost averages. Insurers would...
|First Circuit Souter Grant Coverage Despite Exclusion|
Nicholas C. C. Stewart; Carlock, Copeland & Stair, LLP;
February 1, 2016, previously published on January 22, 2016Former Associate Justice of the Supreme Court David Souter returned to his First Circuit roots and participated in an August 2015 ruling declining to uphold a policy exclusion where the injured person was employed by a contractor with no written contractual relationship to the insured. The...
|Party Claims Coverage as Additional Insured Based on Oral Agreement with Primary Insured ... and Just May Get It!|
Robert B. Hawk; Carlock, Copeland & Stair, LLP;
February 1, 2016, previously published on January 19, 2016Will an oral agreement by your insured be enough to create coverage for a third party? The Seventh Circuit Court of Appeals says yes - in the right circumstances.
|Insurance Proceeds - Does Article 9 Perfection Protect You?|
James J. Niemeier; McGrath North Mullin & Kratz, PC LLO;
January 29, 2016, previously published on First Quarter 2016Lenders routinely describe a security interest in proceeds, “including insurance proceeds” as part of the collateral description in their security agreements, believing that this description plus the filing of a UCC-1 financing statement will perfect their security interest in such...
|Ontario Court Confirms Contractor’s Duty to Defend a Municipality in Personal Injury Claims|
George R. Wray; Borden Ladner Gervais LLP;
January 29, 2016, previously published on January 19, 2016The Ontario Court of Appeal closed out 2015 with its decision in Carneiro et al and Regional Municipality of Durham et al and Zurich Insurance Company Ltd., providing important analysis of a winter maintenance contractor's duty to defend a municipality in personal injury claims arising from wintery...