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|A New Way to Buy Car Insurance?|
Sutherland Asbill Brennan LLP;
September 23, 2016, previously published on September 23, 2016A 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...
|NY 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;
September 22, 2016, previously published on September 22, 2016On 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...
|Interpleader and ERISA: More Complicated (and Interesting) Than You May Think|
Kevin Walker Holt; Gentry Locke, LLP;
September 16, 2016, previously published on August 2016Most 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...
|California Court Finds That Discretionary Clauses in Health Insurance Policies Are Enforceable|
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 14, 2016, previously published on September 12, 2016In 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...
|Bad Faith Failure to Settle: When Does the Clock Start Ticking in Delaware?|
Thomas J. Gerard; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 12, 2016, previously published on September 1, 2016The 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...
|Post At Your Own Risk|
Maureen E. Kelly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 12, 2016, previously published on September 1, 2016We 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...
|Venue 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.;
September 12, 2016, previously published on September 1, 2016The 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.
|It’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.;
September 11, 2016, previously published on September 1, 2016Aside 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...
|Court 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;
September 11, 2016, previously published on August 24, 2016In 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...
|Post-Flooding, Louisiana Shelter at Home Program Explained|
Taylor Porter Brooks Phillips L.L.P.;
September 11, 2016, previously published on August 30, 2016The 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.