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HTMLEIOPA Chairman Comments on Role of the CRO
Mayer Brown LLP;
Legal Alert/Article
January 23, 2015, previously published on November 11, 2014
On October 10, 2014, the European Insurance and Occupational Pensions Authority (“EIOPA”) published a speech (dated September 26, 2014) given by Gabriel Bernardino, EIOPA Chairman, on a number of topics, including the role of the chief risk officer (“CRO”).

 

HTMLStephens & Stephens XII, LLC v. Fireman's Fund Insurance Co. (November 24, 2014) - Cal.Rptr.3d -, 2014 WL 6679263
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
January 23, 2015, previously published on January 23, 2015
Fireman's Fund Insurance Company ("Fireman's Fund") issued a commercial insurance policy covering loss from property damage, including lost rental value and business income, to a building owned by Stephens & Stephens XII, LLC ("Stephens XII"). The policy provided two...

 

Adobe PDFCourt Addresses Whether Insurance Company's Consult With Counsel Constitutes Waiver of Attorney Client Privilege
Jones Skelton Hochuli P.L.C.;
Legal Alert/Article
January 22, 2015
Rudolfo Brothers Plastering, Inc. claimed that Everest Indemnity Insurance Company acted in bad faith by entering into a settlement agreement that exhausted the liability coverage of an Owner Controlled Insurance Program (OCIP) policy to Rudolfo’s detriment. Everest argued it reached the...

 

HTMLInsurance Services
Withers Bergman LLP;
Legal Alert/Article
January 20, 2015, previously published on December 4, 2014
Insurance services are generally exempt from VAT. This ought to cover services of intermediaries, often called insurance brokers or insurance agents. The basic premise is that the broker intercedes between the person who needs the insurance and the person who can provide it. He usually has direct...

 

HTMLSupreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on July 11, 2014
On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in Nation v British Columbia, 2014 SCC 44: provinces are able to...

 

HTMLPredictive Coding Slowly Becoming a Game Changer
Rachael Lewis Anna; Nexsen Pruet, LLC;
Legal Alert/Article
January 19, 2015, previously published on December 18, 2014
In 2012, Magistrate Judge Andrew Peck of the Southern District of New York approved the use of predictive coding (also called “technology assisted review” or “TAR”) in Da Silva Moore v. Publicis Groupe to search for relevant information. Predictive coding enables attorneys...

 

HTMLSupreme Court Decision on Aboriginal Title Raises Questions for Resource Development
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on June 26, 2014
On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (also known as the William decision). It is a long anticipated decision on two significant issues affecting Aboriginal title and provincial jurisdiction over...

 

HTMLA Hard Rain’s A-Gonna Fall: Hail Damage, Appraisal, And Lam v. Allstate
J. Benson Ward; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on November 2014
The appraisal process provides a mechanism by which homeowners and insurance companies may quickly and relatively inexpensively resolve disputes concerning the amount of damages in a covered loss. The appraisal provision allows the value of covered damages to be objectively determined without risks...

 

HTMLSurveillance, Swords, and Shields - Oh My
Hadley E. Hayes; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on March 2014
At the time of an incident it is often difficult to determine whether litigation will ensue. Even more difficult to determine is what documents, reports, and other evidentiary items may be relevant to that litigation. Proper evidence retention can not only be used to shield a defendant property...

 

HTMLLitigation Pitfalls: Failure to Preserve Evidence in Your “Control.”
Lisa Richardson; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on May 2014
Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions.

 


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