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|Stephens & Stephens XII, LLC v. Fireman's Fund Insurance Co. (November 24, 2014) - Cal.Rptr.3d -, 2014 WL 6679263|
McCormick Barstow Sheppard Wayte Carruth LLP;
January 23, 2015, previously published on January 23, 2015Fireman'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...
|EIOPA Chairman Comments on Role of the CRO|
Mayer Brown LLP;
January 23, 2015, previously published on November 11, 2014On 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”).
|Court Addresses Whether Insurance Company's Consult With Counsel Constitutes Waiver of Attorney Client Privilege|
Jones Skelton Hochuli P.L.C.;
January 22, 2015Rudolfo 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...
Withers Bergman LLP;
January 20, 2015, previously published on December 4, 2014Insurance 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...
|Predictive Coding Slowly Becoming a Game Changer|
Rachael Lewis Anna; Nexsen Pruet, LLC;
January 19, 2015, previously published on December 18, 2014In 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...
|To Catch a Plaintiff: Production of Surveillance Evidence Prior to Trial|
Whitney Lay; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on September 2014The following is a common place scenario in a general liability claim. Plaintiff alleges personal injuries as a result of an accident on Defendant’s premises. Defendant hires an investigator to perform surveillance on Plaintiff. In discovery, Plaintiff requests any surveillance videos or...
|Willful Misconduct: The Horseplay and Assault Exceptions to the Workers’ Compensation Act|
Lauren D. Julian; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on July 2014Jack 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....
|Florida House of Representatives' Insurance and Banking Subcommittee Reviews Citizens Property Insurance, Florida Hurricane Catastrophe Fund Status|
Colodny Fass P.A.;
January 16, 2015, previously published on January 08, 2015The Florida House of Representatives' Insurance and Banking Subcommittee ("Subcommittee") met yesterday, January 7, 2015.
|Citing Inconsistent Implementation, Federal Insurance Office Contemplates Pre-Emption of State Reinsurance Collateral Requirements|
Colodny Fass P.A.;
January 16, 2015, previously published on January 06, 2015Lloyd’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...
|Surveillance, Swords, and Shields - Oh My|
Hadley E. Hayes; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on March 2014At the time of an incident it is often difficult to determine whether litigation will ensue. Even more difficult to determine is what documents, reports, and other evidentiary items may be relevant to that litigation. Proper evidence retention can not only be used to shield a defendant property...