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HTMLFinal Regulations Regarding Limited Scope Vision and Dental Benefits and Employee Assistance Programs as Excepted Benefits
Dan Brown, Kenneth B. Schnoll; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 1, 2014
On October 1, 2014, the US Department of Treasury issued final regulations (the "Regulations") regarding limited-scope vision and dental benefits and employee assistance programs as excepted benefits for purposes of the Affordable Care Act.

 

HTMLCarrier’s Investigation and Denial Of UIM Benefits Following Payment of First Party Medical Claim Not Bad Faith; Neither Length of Investigation Alone Nor Disputing Causation After Not Making it an Issue in Original Claim Create Bad Faith Per Se (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 7, 2014
In Shaffer v. State Farm Mut. Auto. Ins. Co., plaintiff and his wife brought a bad faith claim against their carrier after being denied UIM coverage, following payment of medical coverage on a first party claim. The claim resulted from a motor vehicle accident in which the other driver was...

 

HTMLRevise and Refile Rate Proposal, Florida Office of Insurance Regulation Tells National Council on Compensation Insurance (NCCI)
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
November 17, 2014, previously published on November 05, 2014
In an Order issued today, November 5, 2014, Florida Insurance Commissioner Kevin McCarty notified the National Council on Compensation Insurance ("NCCI") that its proposed 3.3 percent overall decrease in Florida workers' compensation rates has been disapproved.

 

HTMLEleventh Circuit holds that Standard for Georgia ROR is "Adequacy"
L. Elizabeth Albright; Carlock, Copeland & Stair, LLP;
Legal Alert/Article
November 10, 2014, previously published on October 31, 2014
In evaluating whether an insurer made a proper reservation of rights (ROR), the Eleventh Circuit Court of Appeals, in an unpublished opinion, held that whether the insurer fairly informed the insured of its coverage position is the proper standard in assessing whether coverage defenses were...

 

HTMLFlorida Supreme Court Holds Family Vehicle Exclusion Not in Conflict with PIP Law, Non-Stacking Uninsured Motorist Election by Named Insured Applies to All Insureds
Matthew C. Scarfone; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
Legal Alert/Article
November 3, 2014, previously published on October 29, 2014
In an opinion released on October 23, 2014, the Florida Supreme Court upheld a family vehicle exclusion in an automobile insurance policy issued by Travelers Commercial Insurance Co. ("Travelers"), and held that a "non-stacking" uninsured motorist ("UM") coverage...

 

HTMLComments on Virginia's Insurance Holding Company Rulemaking Due By November 20, 2014
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 30, 2014, previously published on October 14, 2014
Rulemaking is underway on Virginia regulations governing insurance holding companies after the enactment of House Bill 109, which conforms Virginia law to the National Association of Insurance Commissioners' Insurance Holding Company Model Act.

 

HTMLFinancial Stability Board Seeking Comment on Resolution Planning For Systemically Important Insurers By December 15, 2014
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 30, 2014, previously published on October 21, 2014
The Financial Stability Board ("FSB") issued an October 16, 2014 call for public comment on a proposal entitled "Recovery and Resolution Planning for Systemically Important Insurers - Guidance on Identification of Critical Functions and Critical Shared Services."

 

HTMLAuthorized Louisiana Homeowners Insurers Must File Annual Loss, Policy Data By May 1, 2015
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 30, 2014, previously published on October 22, 2014
Failure to comply with Act 427, a new Louisiana homeowners' insurance data reporting law, could result in insurer fines of $10,000 a month, Louisiana Insurance Commissioner Jim Donelon warned in Advisory Letter 2014-05 issued on October 15, 2014.

 

HTMLNAIC Working Group to Discuss Proposed Insurance Holding Company Model Act Groupwide Supervision Revisions
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 30, 2014, previously published on October 17, 2014
The National Association of Insurance Commissioners ("NAIC") Group Solvency Issues Working Group ("Working Group") has scheduled an October 24, 2014 conference call to redraft proposed changes to the NAIC Insurance Holding Company Model Act (#440).

 

HTMLFive Federal Agencies Request Comment on Proposed Flood Insurance Rule
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 30, 2014, previously published on October 24, 2014
In a news release issued today, October 24, 2014, the U.S. Federal Reserve and other federal regulatory agencies announced proposed rulemaking to amend regulations pertaining to loans secured by property located in special flood hazard areas.

 


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