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|Fresh Tracks: Vermont Supreme Court's First Unitary Ruling Separates Insurer from Ski Resort|
Elizabeth Cha, Timothy A. Gustafson; Sutherland Asbill & Brennan LLP;
November 26, 2015, previously published on November 25, 2015In its first decision on combined unitary reporting since Vermont adopted combined reporting in 2006, the Vermont Supreme Court held that the AIG insurance group was not unitary with its wholly owned ski resort subsidiary, Stowe Mountain Resort. Applying the U.S. Supreme Court’s test for...
|NAIC Report: 2015 Fall National Meeting|
Eric A. Arnold, B. Scott Burton, Eric R. Fenichel, Ling Ling, John S. Pruitt; Sutherland Asbill & Brennan LLP;
November 26, 2015, previously published on November 25, 2015The National Association of Insurance Commissioners (NAIC) held its 2015 Fall National Meeting from November 17 through November 22 at National Harbor, Maryland. Notwithstanding the gigantic size of the Gaylord National Resort and Convention Center, the theme of this meeting might well have been...
|A (Not-So) Significant Change in Ohio Subrogation Law|
Matthew Donald Hamm; Marshall Dennehey Warner Coleman & Goggin, P.C.;
November 25, 2015, previously published on December 1, 2015For those practicing in the realm of personal injury litigation, dealing with subrogation interests is simply a fact of life. Accordingly, changes in this area of law should be closely monitored and understood by both counsel defending injury claims as well as claims professionals adjusting and...
|Federal Abstention in Sixth Circuit Declaratory Judgment Coverage Litigation|
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
November 25, 2015, previously published on December 1, 2015As the sophistication and complexity of insurance contracts continues to rise, disputes between insurers and their insureds regarding the existence and/or extent of coverage have become much more commonplace. While the majority of insurance coverage disputes are creatures of state law, the Federal...
|Navigating the Uncertain Waters of Florida Proposals for Settlement|
Jessica L. Lanifero; Marshall Dennehey Warner Coleman & Goggin, P.C.;
November 25, 2015, previously published on December 1, 2015The jury has just returned a verdict in your favor. You find yourself tasked with evaluating a proposal for settlement you served months or even years ago. Now an important question arises: Is the proposal for settlement valid and enforceable? Given recent legal developments in Florida, the courts...
|Does Pennsylvania’s Act 86 Require an Insurer to Provide Notice to an Insured Before Policy Expiration?|
Jane Ennis Kane; Marshall Dennehey Warner Coleman & Goggin, P.C.;
November 25, 2015, previously published on December 1, 2015Recently, the Philadelphia Court of Common Pleas granted summary judgment to an insurer and its agent in an action by a former insured seeking coverage for a fire loss under a commercial property insurance policy because the policy expired before the loss occurred, and the policy was not renewed....
|Treasury and U.S. Trade Representative Notify Congress of Intent to Initiate Negotiations on Covered Agreement With EU Regarding U.S. Equivalence|
Eric A. Arnold, Brian Barrett, B. Scott Burton, Eric R. Fenichel, John S. Pruitt; Sutherland Asbill & Brennan LLP;
November 23, 2015, previously published on November 22, 2015On Friday, November 20, 2015, the U.S. Department of the Treasury and the U.S. Trade Representative (USTR) notified the chairs of the U.S. House Financial Services Committee, House Ways and Means Committee, Senate Banking Committee and Senate Finance Committee of their intent to initiate...
|Electronic Identification Cards to be Used in New York|
Sutherland Asbill Brennan LLP;
November 20, 2015, previously published on November 19, 2015GEICO has become the first insurance company to issue electronic insurance identification cards in the State of New York. These e-cards are now available to GEICO’s New York customers on its app. Under new regulations that went into effect in April, motorists may provide proof of auto...
|Minnesota the Latest State to Join the Price Optimization Bandwagon|
Sutherland Asbill Brennan LLP;
November 17, 2015, previously published on November 16, 2015The Minnesota Department of Commerce has issued Administrative Bulletin 2015-3, barring the use of price optimization in ratemaking by property and casualty insurers. The Bulletin states that “[p]rice optimization is not an actuarial estimate based on expected losses, expenses, and the degree...
|Florida Joins International Association of Insurance Supervisors' Information Exchange Agreement|
Colodny Fass P.A.;
November 17, 2015, previously published on November 10, 2015Florida Insurance Commissioner Kevin McCarty, together with Felix Hufeld, Chair of the Executive Committee of the International Association of Insurance Supervisors ("IAIS), today announced that the Florida Office of Insurance Regulation has joined has joined as the 55th jurisdiction...