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|Know What It Takes For Contract Clauses To Be Conspicuous Where Required|
Sutherland Asbill Brennan LLP;
February 20, 2015, previously published on February 17, 2015Company A‘s predecessor entered into a contract with Company B‘‘s predecessor to build a water pipeline and A promised B indemnity for claims resulting from A ‘s work. While building the water pipeline, Company A accidentally hit a methanol pipeline and caused a leak that...
|Cyber Attacks: Is Your Bank Insured?|
David L. Cox, Erica J. Dominitz, Erich M. Hellmold, Aaron M. Kaslow, Edward G. Olifer, Kevin M. Toomey; Kilpatrick Townsend Stockton LLP;
February 6, 2015, previously published on January 12, 2015State and federal banking regulators’ recent focus on cyber security and cyber insurance underscores the importance of procuring cyber insurance, both as a risk management tool and for purposes of demonstrating regulatory compliance. As such, it is imperative that financial institutions...
|“May I have your ZIP Code?” Retailers May Want to Read This....|
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 18, 2014There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision...
|Court Would Not Dismiss Breach of Contract and Bad Faith Claims on Basis of Insurance Policy’s Anti-Assignment Clause When Time of Assignment Was Construed as Being Pleaded to Arise after the Loss (Philadelphia Federal)|
Fineman Krekstein Harris P.C.;
May 8, 2014, previously published on May 6, 2014In Charbonneau v. Chartis Property Casualty Co., the plaintiff brought suit against an insurance company, claiming violations of contractual rights to proceeds from an insurance policy that had been assigned to her. The insurer filed a motion to dismiss on numerous procedural grounds (claim...
|Dry Times: How to Deal with the Impact of California’s Drought on Critical Commercial Agreements|
Joel Cazares, Randal B. Short, Carren B. Shulman; Sheppard, Mullin, Richter & Hampton LLP;
April 22, 2014, previously published on April 18, 2014On January 17, 2014, California Governor Jerry Brown declared a “State of Emergency” in California due to the severity of drought conditions across the State. Since then, the California drought continues to be severe and unprecedented in recent years, and is taking a pervasive toll on...
|United States District Court for the District Of Maryland Finds That Insured Can Plead Quasi-Contract Claims alongside Claims for Breach of Express Contract|
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
April 2, 2014, previously published on March 2014In American Home Assurance Company v. KBE Building Corporation, the United States District Court for the District of Maryland denied an insurer's motion to dismiss quasi-contract and tort claims brought by an insured in a coverage dispute case. Writing for the Court, Judge Catherine C. Blake held...
|The U.S. Supreme Court Limits Jurisdiction Over Foreign Companies|
Maria M. Todorova, Prentiss Willson; Sutherland Asbill & Brennan LLP;
March 4, 2014, previously published on January 29, 2014On January 14, 2014, the U.S. Supreme Court reversed the Ninth Circuit and held that due process prevents a state court from exercising general personal jurisdiction over a foreign corporation based solely on the business activities performed in the forum state by a U.S. subsidiary on behalf of the...
|Eleventh Circuit Holds That Lenders May Require More Flood Insurance Than Amount Required Under Federal Law for Federally-Insured Mortgages|
John R. Chiles, Jordan Teague; Burr & Forman LLP;
February 24, 2014, previously published on February 20, 2014The Eleventh Circuit Court of Appeals held in Faire Feaz v. Wells Fargo Bank, N.A., et al., No. 13-10230 (11th Cir. Feb. 10, 2014), that a lender may require a borrower who has a federally-insured mortgage to obtain more flood insurance than the amount required under federal law.
|Florida House of Representatives' Insurance and Banking Subcommittee Reviews Sinkhole Repair, Omnibus Insurance Bills|
Colodny Fass P.A.;
February 13, 2014, previously published on February 11, 2014The Florida House of Representatives' Insurance and Banking Subcommittee ("Subcommittee") met today, February 11, 2014.
|Eastern District Denies Insured’s Motion on the Pleadings of Insurer’s Bad Faith Breach Of Contract Counterclaim (Philadelphia Federal)|
Fineman Krekstein Harris P.C.;
February 4, 2014, previously published on January 22, 2014In Solid Waste Servs. v. New York Marine & Gen. Ins. Co., plaintiff brought suit against its insured concerning subrogation of an employee’s personal injury claim. Plaintiff was self-insured up to $1 million per claim under the Pennsylvania Workers’ Compensation Act, after which the...