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|Canadian Bank Regulators Clarify Promotion of Comprehensive Credit Insurance in Bank Branches|
Jeffrey S. Graham, Jill E. McCutcheon, Kelly J. Morris, Samantha Tom; Borden Ladner Gervais LLP;
October 20, 2016, previously published on October 13, 2016The Canadian Office of the Superintendent of Financial Institutions ("OSFI") recently ruled that a bank cannot promote comprehensive credit insurance (“CCI”) within its Canadian branches under the Insurance Business (Banks and Bank Holdings Companies) Regulations (the...
|Court Does Not Require Defendant Insurer to Produce Its File from a Previous Related Action|
Rebecca Bush, Kathryn Shani; Borden Ladner Gervais LLP;
October 13, 2016, previously published on October 7, 2016In the recent interlocutory decision, Hall v. Peel Insurance Co., 2016 ONSC 5288, the Ontario Superior Court allowed an enlarged definition of litigation privilege and found that the defendant insurer was not required to produce its complete file nor its law firm's file with respect to a previous...
|Small Business Rebirth Fund Awards Second Round of Grants to Flood-Impacted Companies|
Taylor Porter Brooks Phillips L.L.P.;
October 13, 2016, previously published on October 4, 2016The Louisiana Small Business Rebirth Fund announced nearly $200,000 in grants to 50 small businesses impacted by the August flooding across South Louisiana. This is the second distribution from the Fund, bringing the total grant recipients to 107 and the total funds disbursed to nearly $550,000....
|Weathering the Storm: Five Tips for Maximizing Insurance Recoveries for Hurricane Matthew Losses|
Edward M. (Ed) Joyce, Jason B. Lissy; Jones Day;
October 12, 2016, previously published on October 2016With Hurricane Matthew having pummeled certain islands in the Caribbean and much of the southeastern seaboard of the United States, businesses will soon look to secure insurance recoveries for the estimated billions of dollars in property damage and business income losses left in its wake. While...
|Third Circuit Affirms Summary Judgment for Nationwide in Bad Faith Case|
Charles E. Haddick, Bryon R. Kaster; Dickie, McCamey & Chilcote, P.C.;
October 11, 2016, previously published on October 6, 2016In Bodnar, et al. v. Nationwide Mutual Insurance Company, No. 15-3485 (3d Cir., October 4, 2016), the Plaintiffs alleged that Nationwide was guilty of bad faith in the investigation of whether or not the work-related death of an employee of its insured was covered or barred by the terms of the...
|Florida: Insurer Liable For Attorneys' Fees Without Finding of Bad Faith|
Charles E. Haddick; Dickie, McCamey & Chilcote, P.C.;
October 7, 2016, previously published on October 3, 2016The Supreme Court of Florida has ruled that Omega Insurance can be held liable for the payment of an insured’s attorneys’ fees following the wrongful denial of a sinkhole claim, and that bad faith is not a prerequisite to such an award, in Johnson v. Omega Insurance Company, SC14-2124.
|New York Court Rejects “Unavailability” Exception to Time on Risk Allocation for Continuous and Gradual Contamination|
Ryan C. McKim; Morris Polich & Purdy LLP;
October 6, 2016, previously published on September 26, 2016In Keyspan Gas East Corporation v. Munich Reinsurance America, Inc. N.Y.S.3d, 2016 WL 4543479, the New York Supreme Court, Appellate Division addressed the proper allocation “of risk of loss attributable to a continuous harm occurring, in part, during periods when liability insurance was...
|The FEMA Flood Zone Conundrum—What's It All About?|
Alex P. Prochaska, Robert W. Scheffy; Jones Walker LLP;
October 6, 2016, previously published on September 29, 2016In response to the August 2016 flooding event, there have been several articles about the Federal Emergency Management Agency ("FEMA") regulations, the National Flood Insurance Program ("NFIP"), the base flood elevation requirements relating to a building damaged by flooding,...
|Unclaimed Property Disputes Over State Priority Take Center Stage, Head to U.S. Supreme Court and the Third Circuit|
Wilson G. Barmeyer, Joseph A. Ficarrotta, Phillip E. Stano, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
October 5, 2016, previously published on October 5, 2016Disputes over the unclaimed property priority rules continue to intensify. The U.S. Supreme Court accepted review of a clash involving more than 20 states regarding the right to take custody of official checks. Meanwhile, a holder will appeal a federal district court’s decision that Delaware...
|First-Ever: Cybersecurity Regulations Released by New York Department of Financial Services|
Duane Morris LLP;
October 5, 2016, previously published on September 16, 2016After surveying nearly 200 of its regulated banking and insurance companies for industry insight, the New York Department of Financial Services (the “NYDFS”) proposed a first-ever, cybersecurity regulation, on September 13, 2016, to protect against the growing threat of cyber-attacks....