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HTMLInsurers Aim to Use New Technology To Make Cars “Marketing Machines”
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 24, 2016, previously published on June 23, 2016
Modern cars capture vast amounts of information about drivers through various computer technologies, tracking where drivers are going, when, and how they are driving. A new study from McKinsey and Company suggests that the future of car insurance lies in harnessing that data: by collecting and...

 

HTMLChronic Pain in Alberta: Know Your Case Before Going to Trial
Justine Blanchet; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 8, 2016
Alberta has very recently received another addition to the series of chronic pain cases which provides clarity on that particular type of injury and refines the scope of the Minor Injury Regulation, Alta Reg 123/2004 (the "MIR"). In the very recent decision of Jones v Stepanenko, 2016...

 

HTMLA Refresher on the Test for Gross Negligence: Zaravellas v. Armstrong, 2016 ONSC 3616
Rebecca Bush, Jonathan Chen; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 10, 2016
In a recent slip and fall decision, Zaravellas v. Armstrong, 2016 ONSC 3616, the Court found that the City of Toronto (the "City") sidewalk in question was not in a dangerous condition and that the City was not grossly negligent. Note that this decision also includes reasons for...

 

HTMLVanishing Premiums Part Deux?
A. David Fawal; Butler Snow LLP;
Legal Alert/Article
June 20, 2016, previously published on May 19, 2016
Those of you with gray hair like me may recall the life insurance vanishing premium lawsuits from the mid-1990s. As a refresher, that flood of lawsuits arose from life insurance policies sold in the 80s (mainly whole or universal life), when policy dividends were high, and policy illustrations...

 

HTMLThe Fifth Circuit Forecasts Mississippi Law on Non-Contractual Indemnity
Haley Fowler Gregory; Butler Snow LLP;
Legal Alert/Article
June 20, 2016, previously published on May 24, 2016
On May 5, 2016, the Fifth Circuit forecasted whether a non-contractual indemnity claim under Mississippi law should be premised on agency or tort theory. In David v. World Marine, L.L.C., No. 15-30464, 2016 WL 2609791, 2016 U.S. App. LEXIS 8362 (5th Cir. May 5, 2016), plaintiffs filed suit against...

 

HTMLPrison Lockdowns and Charter Damages: Ogiamien v Ontario, 2016 ONSC 3080
Daniel Ciarabellini, Damian Hornich, Kevin A. McGivney; Borden Ladner Gervais LLP;
Legal Alert/Article
June 16, 2016, previously published on May 24, 2016
On May 10, 2016, the Ontario Superior Court released its decision in Ogiamien v Ontario, 2016 ONSC 3080.

 

Adobe PDFTwo Federal Courts of Appeal Find Insurance Coverage for Data Breaches
Michael D. Strasavich; Burr & Forman LLP;
Legal Alert/Article
June 14, 2016, previously published on June 2016
Cases with intersecting issues of data breach and insurance coverage continue to slowly wind their way through the court system. After a number of past losses dealt to insureds who sought insurance coverage under their garden-variety business policies, two recent decisions from the Fourth and...

 

HTMLTax Court Decision Clarifies Treatment of Intergenerational Split-Dollar Life Insurance Arrangement
N. Todd Angkatavanich, James R. Brockway, Kenneth A. Pun, Edward A. Renn; Withers Bergman LLP;
Legal Alert/Article
June 9, 2016, previously published on May 20, 2016
Taxpayers and tax planners scored a big win in the April 13, 2016, Tax Court decision Morrissette v. Commissioner (146 T.C. No.11). The decision clarified the treatment of an intergenerational split-dollar life insurance arrangement, removing doubts regarding a planning strategy which some...

 

HTMLOhio Supreme Court Paves Way for Broad Application of Abuse or Molestation Exclusion in Ohio
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 24, 2016
In World Harvest Church v. Grange Mutual Casualty Company, 2016 Ohio 2913, the Ohio Supreme Court was afforded its first opportunity to interpret the standardized abuse or molestation exclusion commonly seen in commercial insurance contracts today. In that case, the court found that World Harvest...

 

HTMLNAIC Task Force Continues Work on Insurance Data Security Model Law
John S. Pruitt, Cynthia R. Shoss, Mary Jane Wilson-Bilik, John Allen Zumpetta; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 7, 2016, previously published on June 6, 2016
On May 24 and 25, the National Association of Insurance Commissioners (the NAIC) Cybersecurity (EX) Task Force (the Task Force) hosted a meeting in which state insurance commissioners and interested parties were invited to provide comments to and voice concerns about the current draft of the...

 


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