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HTMLAgency Agreements
Douglas M. Palais; Vandeventer Black LLP;
Legal Alert/Article
February 12, 2016, previously published on January 2016
Agreements between insurers and their appointed agents set forth the actual authority, as opposed to the apparent authority, of the agents. While commission schedules often change with some regularity, there are other portions of these agreements that agents should monitor on a regular basis.


HTMLUPDATE - Legislation Relating To Risk Management Of Insurers And Insurance Holding Companies Signed by Michigan Governor Effective December 22, 2015
Joshua K. Richardson, Paul D. Yared; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
February 10, 2016, previously published on February 3, 2016
Our October 30, 2015 Newsletter reported on proposed legislation amending the Michigan Insurance Code to grant DIFS additional authority to ensure financial solvency of insurance companies doing business in Michigan. The legislation was signed by the Governor and became effective December 22, 2015.


HTMLThe European Council adopts the Insurance Distribution Directive
GANADO Advocates; GANADO Advocates;
Legal Alert/Article
February 9, 2016, previously published on December 2015
The European Council has formally adopted the EU Insurance Distribution Directive (formerly known as the Insurance Mediation Directive 2) (the “IDD”) on the 14th December 2015.


HTMLReplacement Cost Coverage is Not Your Friend
Daniel R. Sullivan; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
February 4, 2016, previously published on January 2016
Every business that owns or operates out of a brick and mortar location needs a commercial insurance policy for that building. This we can all agree on. But what happens when the insurance policy will pay out only after the policy holder replaces the destroyed property? What happens if the...


Adobe PDF‘Til Death Do Us Part: Avoiding Pitfalls Associated with Life Insurance Provisions in Family Law Matters
Jan L. Bernstein, Thomas S. Novak; Sills Cummis & Gross P.C.;
Legal Alert/Article
February 2, 2016, previously published on January 2016
A well drafted Matrimonial Settlement Agreement will contain language addressing appropriate security in case of death for all of the financial obligations included in the Agreement. These provisions often are focused on life insurance and can be complex. Without the right language, the security...


HTMLOklahoma Bill Mandates Market Survey of Shops
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 2, 2016, previously published on February 1, 2016
The Oklahoma legislature is considering a bill requiring insurers to conduct an annual market survey of motor vehicle repair and glass repair shop collision repair facilities. The survey would request information from repair shops on topics such as labor and material cost averages. Insurers would...


HTMLFirst Circuit Souter Grant Coverage Despite Exclusion
Nicholas C. C. Stewart; Carlock, Copeland & Stair, LLP;
Legal Alert/Article
February 1, 2016, previously published on January 22, 2016
Former Associate Justice of the Supreme Court David Souter returned to his First Circuit roots and participated in an August 2015 ruling declining to uphold a policy exclusion where the injured person was employed by a contractor with no written contractual relationship to the insured. The...


HTMLParty Claims Coverage as Additional Insured Based on Oral Agreement with Primary Insured ... and Just May Get It!
Robert B. Hawk; Carlock, Copeland & Stair, LLP;
Legal Alert/Article
February 1, 2016, previously published on January 19, 2016
Will an oral agreement by your insured be enough to create coverage for a third party? The Seventh Circuit Court of Appeals says yes - in the right circumstances.


HTMLInsurance Proceeds - Does Article 9 Perfection Protect You?
James J. Niemeier; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
January 29, 2016, previously published on First Quarter 2016
Lenders routinely describe a security interest in proceeds, “including insurance proceeds” as part of the collateral description in their security agreements, believing that this description plus the filing of a UCC-1 financing statement will perfect their security interest in such...


HTMLOntario Court Confirms Contractor’s Duty to Defend a Municipality in Personal Injury Claims
George R. Wray; Borden Ladner Gervais LLP;
Legal Alert/Article
January 29, 2016, previously published on January 19, 2016
The Ontario Court of Appeal closed out 2015 with its decision in Carneiro et al and Regional Municipality of Durham et al and Zurich Insurance Company Ltd., providing important analysis of a winter maintenance contractor's duty to defend a municipality in personal injury claims arising from wintery...


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