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|Insurers Aim to Use New Technology To Make Cars “Marketing Machines”|
Sutherland Asbill Brennan LLP;
June 24, 2016, previously published on June 23, 2016Modern cars capture vast amounts of information about drivers through various computer technologies, tracking where drivers are going, when, and how they are driving. A new study from McKinsey and Company suggests that the future of car insurance lies in harnessing that data: by collecting and...
|Chronic Pain in Alberta: Know Your Case Before Going to Trial|
Justine Blanchet; Borden Ladner Gervais LLP;
June 23, 2016, previously published on June 8, 2016Alberta has very recently received another addition to the series of chronic pain cases which provides clarity on that particular type of injury and refines the scope of the Minor Injury Regulation, Alta Reg 123/2004 (the "MIR"). In the very recent decision of Jones v Stepanenko, 2016...
|A Refresher on the Test for Gross Negligence: Zaravellas v. Armstrong, 2016 ONSC 3616|
Rebecca Bush, Jonathan Chen; Borden Ladner Gervais LLP;
June 23, 2016, previously published on June 10, 2016In a recent slip and fall decision, Zaravellas v. Armstrong, 2016 ONSC 3616, the Court found that the City of Toronto (the "City") sidewalk in question was not in a dangerous condition and that the City was not grossly negligent. Note that this decision also includes reasons for...
|The Fifth Circuit Forecasts Mississippi Law on Non-Contractual Indemnity|
Haley Fowler Gregory; Butler Snow LLP;
June 20, 2016, previously published on May 24, 2016On May 5, 2016, the Fifth Circuit forecasted whether a non-contractual indemnity claim under Mississippi law should be premised on agency or tort theory. In David v. World Marine, L.L.C., No. 15-30464, 2016 WL 2609791, 2016 U.S. App. LEXIS 8362 (5th Cir. May 5, 2016), plaintiffs filed suit against...
|Vanishing Premiums Part Deux?|
A. David Fawal; Butler Snow LLP;
June 20, 2016, previously published on May 19, 2016Those of you with gray hair like me may recall the life insurance vanishing premium lawsuits from the mid-1990s. As a refresher, that flood of lawsuits arose from life insurance policies sold in the 80s (mainly whole or universal life), when policy dividends were high, and policy illustrations...
|Prison Lockdowns and Charter Damages: Ogiamien v Ontario, 2016 ONSC 3080|
Daniel Ciarabellini, Damian Hornich, Kevin A. McGivney; Borden Ladner Gervais LLP;
June 16, 2016, previously published on May 24, 2016On May 10, 2016, the Ontario Superior Court released its decision in Ogiamien v Ontario, 2016 ONSC 3080.
|Two Federal Courts of Appeal Find Insurance Coverage for Data Breaches|
Michael D. Strasavich; Burr & Forman LLP;
June 14, 2016, previously published on June 2016Cases with intersecting issues of data breach and insurance coverage continue to slowly wind their way through the court system. After a number of past losses dealt to insureds who sought insurance coverage under their garden-variety business policies, two recent decisions from the Fourth and...
|Tax Court Decision Clarifies Treatment of Intergenerational Split-Dollar Life Insurance Arrangement|
N. Todd Angkatavanich, James R. Brockway, Kenneth A. Pun, Edward A. Renn; Withers Bergman LLP;
June 9, 2016, previously published on May 20, 2016Taxpayers and tax planners scored a big win in the April 13, 2016, Tax Court decision Morrissette v. Commissioner (146 T.C. No.11). The decision clarified the treatment of an intergenerational split-dollar life insurance arrangement, removing doubts regarding a planning strategy which some...
|Ohio Supreme Court Paves Way for Broad Application of Abuse or Molestation Exclusion in Ohio|
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 8, 2016, previously published on May 24, 2016In World Harvest Church v. Grange Mutual Casualty Company, 2016 Ohio 2913, the Ohio Supreme Court was afforded its first opportunity to interpret the standardized abuse or molestation exclusion commonly seen in commercial insurance contracts today. In that case, the court found that World Harvest...
|Big Changes Coming in English Commercial Insurance Law: The United Kingdom Insurance Act 2015|
Tyrone R. (Ty) Childress, John E. Iole, Ian F. Lupson; Jones Day;
June 7, 2016, previously published on May 2016The Act is the product of a joint project undertaken by the Law Commission of England and Wales and the Scottish Law Commission. The goal of this project was to study the state of commercial insurance law in the UK and to make recommendations deemed to improve and modernize dealings between...