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HTMLA New Way to Buy Car Insurance?
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 23, 2016, previously published on September 23, 2016
A car insurance startup has recently acquired an insurance company with licenses in 50 states. Metromile, which has received funding from investors such as Mark Cuban, charges for car insurance based on miles driven. (A hardware “dongle” tracks how many miles the subscriber drives.) The...

 

HTMLNY DFS Announces Proposal for Cybersecurity Rules for Financial Services Companies
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 22, 2016, previously published on September 22, 2016
On September 13, 2016, New York Governor Andrew Cuomo announced a proposal by the New York Department of Financial Services (the DFS) of a rule that establishes cybersecurity requirements for financial services companies regulated by the DFS (the NY Regulation). The NY Regulation is the culmination...

 

HTMLInterpleader and ERISA: More Complicated (and Interesting) Than You May Think
Kevin Walker Holt; Gentry Locke, LLP;
Legal Alert/Article
September 16, 2016, previously published on August 2016
Most lawyers, including ERISA practitioners, likely think interpleader actions are unappealing because they are easy and boring. They involve situations in which there are two or more competing claimants or beneficiaries to the same insurance policy proceeds. Rather than pay one claimant and risk...

 

HTMLCalifornia Court Finds That Discretionary Clauses in Health Insurance Policies Are Enforceable
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 14, 2016, previously published on September 12, 2016
In 2011, the California legislature passed Insurance Code Section 10110.6 which bans the use of discretionary clauses in any policy, contract, certificate, or agreement offered, issued, delivered, or renewed, whether or not in California, that provides or funds life insurance or disability...

 

HTMLBad Faith Failure to Settle: When Does the Clock Start Ticking in Delaware?
Thomas J. Gerard; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 12, 2016, previously published on September 1, 2016
The relationship between an insurance carrier and its insured during litigation is often fraught with a delicate balance of interests. At times an insurer’s corporate self-interest may seem to drive its decisions regarding litigation and may seemingly result in a conflict of interest with its...

 

HTMLPost At Your Own Risk
Maureen E. Kelly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 12, 2016, previously published on September 1, 2016
We live in a world consumed by social media. Whether it be blogs, tweets, posts, snaps, links, podcasts, photographs, videos, pins, flicks, tumbles or tags, almost everyone has a social media presence. Shockingly, more than 25% of users do not bother with any kind of privacy control. What results...

 

HTMLVenue in New York Personal Injury Actions CPLR Article 5: Where to Be and How to Get There
Angela M. Evangelista; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 12, 2016, previously published on September 1, 2016
The rules relating to the venue of civil actions are found in Article 5 of the Civil Practice & Law Rules. This article will focus on venue in personal injury actions.

 

HTMLIt’s All About the Timing... A Guide to Producing Surveillance Evidence of the Plaintiff in Personal Injury Cases
Laurianne Falcone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
Aside from the thorny question of whether to even conduct surveillance on the plaintiff in a personal injury case, there is the question of when to produce the surveillance you obtained to opposing counsel. Pennsylvania’s case law indicates that this production should occur early enough...

 

HTMLCourt Takes Issue with Defence Medical Experts Who Derived Bulk of their Income from Defence Work
Matthew Gray, Michael J.L. White; Borden Ladner Gervais LLP;
Legal Alert/Article
September 11, 2016, previously published on August 24, 2016
In Ontario, a plaintiff claiming damages arising from a motor vehicle accident ("MVA") must satisfy the statutory threshold in accordance with section 267.5(5) of the Insurance Act (the "Act"). Briefly, pursuant to the Act, a plaintiff must demonstrate that he or she has...

 

HTMLPost-Flooding, Louisiana Shelter at Home Program Explained
Taylor Porter Brooks Phillips L.L.P.;
Legal Alert/Article
September 11, 2016, previously published on August 30, 2016
The Shelter at Home Program enables eligible individuals or families whose homes were damaged in the August flooding to take shelter in their own homes while they rebuild, instead of having to stay in a hotel, rental or mass shelter.

 


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