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|Enforceability of Proposals for Settlement in Actions Requesting Declaratory Relief|
Danielle N. Robinson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
December 7, 2016, previously published on December 1, 2016The enforceability of proposals for settlement served upon plaintiffs continues to be a concern in first-party property cases. Florida’s courts continue to find issues they consider to be ambiguous within proposals themselves, including the failure to apportion offers made to husband and wife...
|Attorneys Brian Tokarz and Matthew Fisher to Present to the National Business Institute on Construction Defect Insurance Coverage Issues|
Matthew V. Fisher, Brian C. Tokarz; Meissner Tierney Fisher & Nichols S.C.;
December 7, 2016, previously published on November 2016Join attorneys Brian Tokarz and Matthew Fisher for the National Business Institute’s video webcast on Monday, December 19, 2016 at 9:00 a.m. CST. The webcast, "Construction Defect Insurance Coverage Issues Demystified” will help all interested attorneys, insurance professionals,...
|An Overview of Representations and Warranties Insurance|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 6, 2016, previously published on November 15, 2016The prospect of unknown business risks between buyers and sellers is often a major hurdle in mergers and acquisitions deal negotiations. Neither side wants to assume responsibility for issues such as financial statement errors, taxes, contracts, intellectual property, or undetected compliance...
|New York is First State in the Nation to Propose Cybersecurity Regulations Impacting Banks, Insurance Companies and Mortgage Lenders|
Bleakley Platt Schmidt LLP;
December 5, 2016, previously published on November 2016The New York State Department of Financial Services has proposed regulations that would impose new cybersecurity requirements on banks, insurance companies, mortgage lenders and others. The proposed regulations, issued pursuant to the Financial Services Law, would apply to entities that require a...
|Hoang v Vincentini: A Cautionary Tale on the Issue of Costs and the Implications on All Parties Involved|
Robert L. Love, Edona C. Vila; Borden Ladner Gervais LLP;
November 28, 2016, previously published on November 17, 2016 This action arises as a result of a motor vehicle accident that occurred on August 6, 2004 when the then-six year old plaintiff, Christopher Hoang ("Christopher"), was struck by a vehicle driven by the defendant Adriano Vincentini ("Vincentini") and owned by Ford Credit Canada...
|Court of Appeals Holds Contractor Defendant to Building Permit Application; Name on Permit Application and Threat to Withdraw Permit Bar Summary Judgment|
Abrams Gorelick Friedman Jacobson LLP;
November 25, 2016, previously published on October 28, 2016New York's highest court reversed an intermediate appellate decision and denied summary judgment to a defendant contractor where it found "triable issues of fact exist as to the nature of the relationship between the moving defendants and the unlicensed contractor involved in the renovation...
|J.J. v. C.C.: Court of Appeal Finds Garage and Car Dealership Owed Duty of Care to Minor who Stole Vehicle From Premises|
David Elman, John Hunter; Borden Ladner Gervais LLP;
November 25, 2016, previously published on November 10, 2016In a recent decision, J.J. v. C.C., 2016 ONCA 718, the Ontario Court of Appeal found that a garage and car dealership owed a duty of care to a minor who was injured after participating in the theft of a vehicle from the dealership's premises.
|Faulty Construction Not Covered Loss under Nationwide Builders' Policy, Pennsylvania Federal Judge Rules|
Charles E. Haddick; Dickie, McCamey & Chilcote, P.C.;
November 25, 2016, previously published on November 18, 2016Two homebuilders insured by Nationwide Mutual Insurance Company and accused of poor workmanship in the case of Robert A. Bealer, et al. v. Nationwide Mutual Insurance Co., et al., E.D. Pa., No. 16-3181, Nov. 16, 2016 (Baylson, J.), are entitled to no coverage. United States District Judge Michael...
|Insurers Cannot Contract Around California Law Requiring Insurers to Defend a “Mixed Action”; “Continuous or Progressive Damage Exclusion” Also Addressed|
Micah M. Hoffman; Morris Polich & Purdy LLP;
November 25, 2016, previously published on November 2, 2016A Northern District of California District Court held that a mold exclusion purporting to exclude coverage for any “suit” involving allegations of mold, where suit alleged non-mold, potentially covered claims, was unenforceable. Insurers, the District Court concluded, cannot contract...
|Auto Insurer Narrowly Escapes Large Default in UIM Suit on Restricted Appeal|
Martin Disiere Jefferson Wisdom L.L.P.;
November 23, 2016, previously published on October 31, 2016Last Wednesday, a Texas court of appeals threw out a $960,000 default judgment against State Farm in an underinsured motorist case. In State Farm County Mutual Automobile Ins. Co. v. Diaz-Moore, No. 04-15-00766-CV, 2016 WL 6242842 (Tex. App.-San Antonio Oct. 26, 2016), State Farm's insured was...