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HTMLIn Coverage Case, Florida Court Expansively Construes Costs To Include Attorney's Fees
David B. Shelton; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
March 4, 2015, previously published on February 05, 2015
In GEICO General Ins. Co. v. Hollingsworth, 2015 WL 376406 (Fla. 5th DCA January 30, 2015), the Fifth District Court of Appeal considered whether GEICO’s automobile insurance policy provided additional coverage for attorney’s fees awarded against the insured pursuant to section 768.79,...

 

HTMLUnclaimed Property Issues Under Debate as Uniform Law Commission Rewrites the Uniform Act
Wilson G. Barmeyer, Ellen M. Dunn, Phillip E. Stano, Steuart H. Thomaen, Mary Jane Wilson-Bilik; Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 4, 2015, previously published on March 3, 2015
Proposed revisions to the Uniform Unclaimed Property Act were under debate this past week in Washington, DC as the Uniform Law Commission (ULC or Commission) Committee to Revise the Uniform Unclaimed Property Act (Drafting Committee) continued the process of crafting a new Uniform Act. The Drafting...

 

HTMLCourt Holds That Change of Policyholder Requires New Offer of UM Coverage
David B. Shelton; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
March 4, 2015, previously published on February 20, 2015
In Chase v. Horace Mann Ins. Co., 2015 WL 686093 (Fla. February 19, 2015), the Florida Supreme Court addressed the amount of uninsured motorist (UM) coverage available under the auto insurance policy. The policy was initially issued in 2001 to Richard Chase as the sole named insured. At that time,...

 

HTMLWhen a Vehicle Is an Automobile - The Maze of Statutory and Case Law in New Jersey for Determining Eligibility for PIP Benefits
Ariel C. Brownstein; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Coverage for Personal Injury Protection (PIP) benefits in New Jersey is available to those who “sustain bodily injury as a result of an accident while occupying, entering into, alighting from or using an automobile, or as a pedestrian, caused by an automobile or by an object propelled by or...

 

HTMLIdaho Personal Auto Insurance Carriers Being Asked to Provide Data For Online Insurance Verification System
Colodny Fass P.A.;
Legal Alert/Article
March 2, 2015, previously published on February 22, 2015
Pursuant to Idaho law relating to motor vehicle financial responsibility, the Idaho Transportation Department ("ITD") is in process of establishing an Online Insurance Verification System ("OIVS") to verify motor vehicle insurance coverage.

 

HTMLLife Insurance Unclaimed Property Recommendations of the Uniform Law Commission Working Group
Wilson G. Barmeyer, Ellen M. Dunn, Phillip E. Stano, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 27, 2015, previously published on February 27, 2015
The Uniform Law Commission (ULC) Life Insurance Working Group (Working Group) has released its recommendations to revise the life insurance provisions of the Uniform Unclaimed Property Act of 1995 (1995 Uniform Act or Uniform Act). The Working Group’s recommendations include triggering the...

 

HTMLMunicipal Bond Interest Paid By a Bond Insurer After an Issuer’s Bankruptcy Discharge Can Remain Tax-Exempt
Maxwell D. Solet, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2015, previously published on December 22, 2014
In the aftermath of recent municipal bankruptcies in which issuers proposed and/or implemented bankruptcy plans involving partial discharges of the issuer’s payment obligation on insured bonds, there has been increased focus on whether municipal bond interest paid by a bond insurer after the...

 

HTMLOff-Key BABs: IRS Hits Wrong Note in Reissuance Analysis
Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2015, previously published on December 30, 2014
The IRS recently published a December 9, 2014 Chief Counsel Advice Memorandum to the effect that the defeasance of taxable Build America Bonds (BABs) causes a tax reissuance of the bonds, with the consequence that the municipal issuer ceases to be eligible for federal government interest subsidies...

 

HTMLNot so Fast - The Texas Supreme Court Shows Reluctance to Allow Claims for Spoliation of Evidence
Matthew A. Barley; Butler Snow LLP;
Legal Alert/Article
February 26, 2015, previously published on February 16, 2015
Not so Fast - The Texas Supreme Court Shows Reluctance to Allow Claims for Spoliation of Evidence In Wackenhut Corp. v. Gutierrez, 2015 Tex. LEXIS 112, 58 Tex. Sup. Ct. J. 289 (Tex. 2015), the Texas Supreme Court reversed the jury verdict against Wackenhut because a spoliation instruction was...

 

HTMLNAIC Submits Comments on Global Risk Insurance Capital Standards in Advance of March 20 IAIS Rome Meeting
G. Donovan Brown; Colodny Fass, P.A.;
Legal Alert/Article
February 26, 2015, previously published on February 18, 2015
In advance of the International Association of Insurance Supervisors' ("IAIS") second meeting on global risk insurance capital standards ("ICS") scheduled for March 20, 2015 in Rome, Italy, the National Association of Insurance Commissioners ("NAIC") submitted comments...

 


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