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HTMLInsurance Act Does Not Remove Employer’s Right of Subrogation
Kendal C. Gummer, Sandra J. Weber; McLennan Ross LLP;
Legal Alert/Article
January 30, 2015, previously published on February 28, 2014
On February 26, 2014, the Court of Appeal unanimously allowed the appeal of an employer seeking to recover the income benefits paid to an employee, from a third party tortfeasor (Hammond v DeWolfe, 2014 ABCA 81).

 

HTMLEIOPA Chairman Comments on Role of the CRO
Mayer Brown LLP;
Legal Alert/Article
January 23, 2015, previously published on November 11, 2014
On October 10, 2014, the European Insurance and Occupational Pensions Authority (“EIOPA”) published a speech (dated September 26, 2014) given by Gabriel Bernardino, EIOPA Chairman, on a number of topics, including the role of the chief risk officer (“CRO”).

 

HTMLStephens & Stephens XII, LLC v. Fireman's Fund Insurance Co. (November 24, 2014) - Cal.Rptr.3d -, 2014 WL 6679263
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
January 23, 2015, previously published on January 23, 2015
Fireman's Fund Insurance Company ("Fireman's Fund") issued a commercial insurance policy covering loss from property damage, including lost rental value and business income, to a building owned by Stephens & Stephens XII, LLC ("Stephens XII"). The policy provided two...

 

Adobe PDFCourt Addresses Whether Insurance Company's Consult With Counsel Constitutes Waiver of Attorney Client Privilege
Jones Skelton Hochuli P.L.C.;
Legal Alert/Article
January 22, 2015
Rudolfo Brothers Plastering, Inc. claimed that Everest Indemnity Insurance Company acted in bad faith by entering into a settlement agreement that exhausted the liability coverage of an Owner Controlled Insurance Program (OCIP) policy to Rudolfo’s detriment. Everest argued it reached the...

 

HTMLInsurance Services
Withers Bergman LLP;
Legal Alert/Article
January 20, 2015, previously published on December 4, 2014
Insurance services are generally exempt from VAT. This ought to cover services of intermediaries, often called insurance brokers or insurance agents. The basic premise is that the broker intercedes between the person who needs the insurance and the person who can provide it. He usually has direct...

 

HTMLPredictive Coding Slowly Becoming a Game Changer
Rachael Lewis Anna; Nexsen Pruet, LLC;
Legal Alert/Article
January 19, 2015, previously published on December 18, 2014
In 2012, Magistrate Judge Andrew Peck of the Southern District of New York approved the use of predictive coding (also called “technology assisted review” or “TAR”) in Da Silva Moore v. Publicis Groupe to search for relevant information. Predictive coding enables attorneys...

 

HTMLLitigation Pitfalls: Failure to Preserve Evidence in Your “Control.”
Lisa Richardson; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on May 2014
Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions.

 

HTMLCiting Inconsistent Implementation, Federal Insurance Office Contemplates Pre-Emption of State Reinsurance Collateral Requirements
Colodny Fass P.A.;
Legal Alert/Article
January 16, 2015, previously published on January 06, 2015
Lloyd’s, the Association of Bermuda Insurers and Reinsurers, and the Property Casualty Insurers Association of America were among 30 domestic and international respondents to a Federal Insurance Office (FIO) 2014 request for comment on the scope of the global reinsurance market. The feedback...

 

HTMLFlorida Office of Insurance Regulation Reviews Market Status With Senate Banking and Insurance Committee Today
Colodny Fass P.A.;
Legal Alert/Article
January 16, 2015, previously published on January 06, 2015
Florida's Senate Committee on Banking and Insurance Committee ("Committee") met today, January 6, 2015, during which Florida Office of Insurance Regulation ("OIR") Deputy Chief of Staff Monte Stevens presented on the status of Florida's insurance market.

 

HTMLWillful Misconduct: The Horseplay and Assault Exceptions to the Workers’ Compensation Act
Lauren D. Julian; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on July 2014
Jack and Jill are friendly coworkers who often chat and take breaks together. One day while working together, Jack animatedly tells Jill a story regarding an altercation he witnessed. In the course of the story telling, he demonstrates with a “friendly” shove to Jill’s shoulder....

 


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