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HTMLInsured Adequately Alleged Bad Faith Claims By Pleading Specific Facts Concerning Delays in the Claims Handling Process, a Lack of Communication, And Discrepancy between the Alleged Injury and Settlement Sum Offered (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
In Padilla v. State Farm Mutual Automobile Insurance Company, the plaintiff brought a breach of contract and bad faith claim based on UIM coverage. The insurer took an examination under oath, had a medical examination done, and referred the case to counsel. The plaintiff alleged that the defendant...

 

HTMLNova Scotia Supreme Court Awards $500,000 in Punitive Damages in Ltd Case
Stewart McKelvey;
Legal Alert/Article
July 26, 2014, previously published on July 9, 2014
In Industrial Alliance Insurance and Financial Services Inc. v. Brine, 2014 NSSC 219, National Life (and later its successor Industrial Alliance) alleged Brine had received undisclosed CPP and Superannuation disability benefits resulting in a substantial overpayment of $99,506.64. Brine had also...

 

HTMLNCOIL Says State-Based Insurance Regulation Has Been Successful; Legislators Should Participate In International Dialogue
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
In letters addressed to federal and international officials, National Conference of Insurance Legislators ("NCOIL") President and New York Senator Neil Breslin, who also chairs the NCOIL International Issues Task Force, again stressed the success of state-based regulation and the need for...

 

HTMLDelaware Surplus Lines Insurance Brokers and Producers Must Use Updated Statement of Diligent Effort Form (SL-1923) Reflecting Notarization
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
Delaware Insurance Commissioner Karen Weldin Stewart issued Surplus Lines Bulletin No. 13 on June 30, 2014 to address the addition of a notary signature form to the current Statement of Diligent Effort (Form SL-1923 or "Form"). The addition was made after it had been determined that...

 

HTMLFlorida Office of Insurance Regulation Issues Orders Terminating Certain Florida Hurricane Catastrophe Fund Emergency Assessments
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 25, 2014, previously published on July 22, 2014
The Florida Office of Insurance Regulation ("OIR") advised today, July 22, 2014, that it has issued Orders to insurance companies terminating a 1.3 percent Florida Hurricane Catastrophe Fund ("FHCF") emergency assessment on most property insurance policies. The assessment,...

 

HTMLRequired Summer Reading: Guidance Issued on the Tax Treatment of Guaranteed Minimum Benefit Hedges and Identified Mixed Straddles
Dennis L. Allen, Thomas A. Gick, Jerome B. Libin, Jeffrey H. Mace, Michael R. Miles; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 23, 2014
Treasury and the IRS offered two pieces of highly anticipated guidance on July 18 that are particularly relevant to the life insurance industry.

 

HTMLMaryland Court of Appeals Establishes a Two-Part Test for Business Pursuits Exclusion
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 24, 2014, previously published on July 2014
Maryland adopted a two-part test for determining when insurers should apply a business pursuits exclusion in a homeowner’s policy for business activities. The Maryland Court of Appeals joined the Third Circuit and high courts of several other states, including Kansas, Arizona, and Montana, in...

 

HTMLCourt Finds That Violation of UIPA Can Not Be Basis for Bad Faith Claim; and Finds That Insured Could Not Meet Clear and Convincing Evidence Standard on Reasonableness Prong of Bad Faith Test (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 20, 2014
In United States Fire Insurance Company v. Kelman Bottles, LLC, property damage occurred for the insured from an event concerning an industrial glass making furnace. The insured’s all risk carrier brought a declaratory judgment action against the insured. The insured also had a Boiler and...

 

HTMLLouisiana Insurance Commissioner Donelon Requests State Farm to Offer Policyholders Lower Hurricane Deductible Option
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 22, 2014, previously published on July 17, 2014
Louisiana Insurance Commissioner Jim Donelon met with State Farm Fire and Casualty Company ("State Farm") officials today, July 17, 2014, and asked them to offer their Louisiana policyholders the option to have a two percent hurricane deductible on their homeowners' insurance policies by...

 

HTMLNo Separate Tort Cause of Action for Breach of Duty of Good Faith; Statutory Bad Faith Claim Pleaded Mere Possibility of Bad Faith, Not a Plausible Bad Faith Claim, and Was Dismissed With Leave to Amend (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 19, 2014
In Plummer v. State Firm Fire & Casualty Insurance Company, the insureds made a first party damage claim, involving storm damage to its roof. The insureds claimed that the insurer failed to pay anything toward the roof damage, while paying a claim for roof damage to their neighbor for damage to...

 


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