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|Carrier’s Investigation and Denial Of UIM Benefits Following Payment of First Party Medical Claim Not Bad Faith; Neither Length of Investigation Alone Nor Disputing Causation After Not Making it an Issue in Original Claim Create Bad Faith Per Se (Middle District)|
Fineman Krekstein Harris P.C.;
November 17, 2014, previously published on November 7, 2014In Shaffer v. State Farm Mut. Auto. Ins. Co., plaintiff and his wife brought a bad faith claim against their carrier after being denied UIM coverage, following payment of medical coverage on a first party claim. The claim resulted from a motor vehicle accident in which the other driver was...
|Revise and Refile Rate Proposal, Florida Office of Insurance Regulation Tells National Council on Compensation Insurance (NCCI)|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
November 17, 2014, previously published on November 05, 2014In an Order issued today, November 5, 2014, Florida Insurance Commissioner Kevin McCarty notified the National Council on Compensation Insurance ("NCCI") that its proposed 3.3 percent overall decrease in Florida workers' compensation rates has been disapproved.
|Excess Insurer Had No Duty to Post Appeal Bond and Could Not Be Liable in Bad Faith for Failing to Do So; Court Observes that Proof of Bad Faith is More Difficult Where Law at Issue On Coverage is Unsettled (Philadelphia Federal)|
Fineman Krekstein Harris P.C.;
November 17, 2014, previously published on November 4, 2014In the most recent decision in Charter Oak Ins. Co. v. Maglio Fresh Food, which has been discussed at length in previous postings in 2013 and 2014, the Court addressed claims against the excess insurer after holding a short non-jury trial. It concluded that under the unique circumstances of that...
|Final Regulations Regarding Limited Scope Vision and Dental Benefits and Employee Assistance Programs as Excepted Benefits|
Dan Brown, Kenneth B. Schnoll; Dentons Canada LLP;
November 17, 2014, previously published on October 1, 2014On October 1, 2014, the US Department of Treasury issued final regulations (the "Regulations") regarding limited-scope vision and dental benefits and employee assistance programs as excepted benefits for purposes of the Affordable Care Act.
|Parents' Medical History May Make Long-Term Care Insurance More Expensive|
Leah Mitchell McElmoyl; Chambliss, Bahner & Stophel, P.C.;
November 15, 2014, previously published on Fall 2014Your parents' health could be one of the many factors that long-term care insurance providers take into account when deciding how much to charge you. One large insurer has started rating applicants based, in part, on the applicant's parents' medical histories.
|Marine Insurance Warranty Upheld|
Bill Amos, Tow Lu Lim, Jenny W. Y. Yu; Mayer Brown JSM;
November 15, 2014, previously published on October 29, 2014A marine insurance dispute that ascends to Hong Kong’s Court of Final Appeal is both a rarity and a matter of international legal interest, given that Hong Kong’s statute is in identical terms to the UK’s seminal Marine Insurance Act 1906. The case in question, Hua Tyan...
|Ebola in Retail Establishments? How to Prepare|
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 14, 2014, previously published on October 21, 2014News sources recently reported that one of the Dallas nurses infected with the Ebola virus visited a retail establishment before boarding a plane from Cleveland to Dallas. Since then, retailers and customers have been concerned about Ebola in the retail environment.
|“Does a Fire Chief Meet the Qualifications of an Expert?” Fire Department Official Allowed to Testify on Issues Regarding Origin and Cause|
Rick Hammond; Johnson & Bell, Ltd.;
November 13, 2014, previously published on November 2014It’s common knowledge that in the majority of fire losses, insurers hire an expert to determine the fire’s origin and cause. One of the reasons is because if a fire is deemed incendiary, i.e. intentionally set, the insurer might have a defense to coverage if sufficient evidence points...
|Eleventh Circuit holds that Standard for Georgia ROR is "Adequacy"|
L. Elizabeth Albright; Carlock, Copeland & Stair, LLP;
November 10, 2014, previously published on October 31, 2014In evaluating whether an insurer made a proper reservation of rights (ROR), the Eleventh Circuit Court of Appeals, in an unpublished opinion, held that whether the insurer fairly informed the insured of its coverage position is the proper standard in assessing whether coverage defenses were...
|Damron Agreement or Stipulated Judgment Got You in a Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on Insurers in Quihuis v. State Farm|
November 10, 2014In Quihuis v. State Farm, --- Ariz. ---, 334 P.3d 719 (Ariz. Oct. 1, 2014), the Arizona Supreme Court recently held that a stipulated fact in a Damron Agreement that is both an element of liability and essential to establishing coverage does not bind an insurer in subsequent coverage litigation.