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HTMLCoverage Disputes Between Pip Carriers Subject To Arbitration
Capehart Scatchard P.A.;
Legal Alert/Article
May 25, 2015, previously published on May 19, 2015
In New Jersey, it is statutorily mandated that disputes between insurance companies over contribution for personal injury protection (“PIP”) benefits be arbitrated. What happens, however, where coverage between those carriers is disputed and must be resolved? Who decides, the courts or...


HTMLCNA Denies Cyber Insurance Claim
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
May 22, 2015, previously published on May 19, 2015
Cyber security, and cyber insurance, have dominated the industry headlines for several years now, but even as companies, brokers and insurers work to develop these products, there has been a dearth of case law interpreting key provisions. This is beginning to change as disputes arise and make...


HTMLConstruction Contract Claims Against a Third-Party Lender? The Unforeseen Consequences of a Standard Practice
Travis A. Knobbe; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 20, 2015, previously published on May 18, 2015
For those of us who commonly represent lenders, there is nothing more unsettling than hearing the words “course and pattern of conduct” or “dominion and control” or some variation of the same. Any suit where someone seeks to impose liability on a bank for something above and...


HTML328 Barry Avenue, LLC v. Nolan Properties Group, LLC a. Carciofini Company, et al., Court File #A14-0724. 
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
This opinion is important because the Court of Appeals addressed questions related to the Minnesota two-year statute of limitations that applies to all construction projects. The construction project at issue began in 2008. In October 2009, when the construction was ongoing, the general contractor...


HTMLSmith v. Wells Concrete Products Co., Court File #A14-0644.
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
May 14, 2015, previously published on March 16, 2015
Wells Concrete Products Co. hired Plaintiff Smith as its painting subcontractor. Wells did not control or direct Smith's work. The parties agreed that she was an independent contractor. Smith fell and was injured while working on Wells' project. Smith sued Wells, arguing that Wells had a duty to...


HTMLMaryland Court of Appeals Interprets Insurance Policy in Favor of Insurer and Concludes that Underinsured Motorist Provisions Were Not Ambiguous
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 13, 2015, previously published on April 2015
In Linda Connors, Individually etc., v. Government Employees Insurance Co., the Court of Appeals of Maryland decided a case involving a dispute between an insurance company and two (2) of its insureds, regarding the method to calculate the proceeds owed to the insureds pursuant to the underinsured...


HTMLOng. v. Fire Ins. Exchange (2D Dist. Ct. App. 2015) ---------Cal.App.4th ----, 2015 DJAR 3811, Case No. B252773
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
May 7, 2015
Plaintiff, Hung Van Ong, bought the subject property from his brother, Eugene Ong, in 2007. Gas and electric utilities were turned off in February 2010 after the last tenants moved out. On December 20, 2011, Eugene Ong submitted a claim to Fire Insurance Exchange ("FIE"), on behalf of his...


HTMLCybersecurity Breach: Are Board Members at Risk?
Kambon R. Williams; Pessin Katz Law, P.A.;
Legal Alert/Article
April 23, 2015, previously published on March 30, 2015
It seems a month does not pass in which some sort of breach of confidential data of a business is not announced to the public. With the increase in cybersecurity breaches, so increases board members’ exposure to litigation regarding such occurrences.


HTMLMotion To Dismiss Not Suitable Means to Address Whether Insurer's Position Was Fairly Debatable, In This Action, And Was Therefore Denied (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 17, 2015, previously published on March 31, 2015
In Zodda v. National Union Fire Insurance Company, the insured pleaded bad faith, among other claims, for denial of benefits on a disability policy. The insured brought claims against multiple insurers, alleging an elaborate scheme in marketing the disability insurance at issue, and in denying...


HTMLACA Subsidies Face Final Test Before the US Supreme Court
John R. Feore, III, Bruce Merlin Fried, Charles A. Luband, Mark W. Weller; Dentons Canada LLP;
Legal Alert/Article
April 14, 2015, previously published on March 4, 2015
The US Supreme Court (the "Court") heard oral arguments today in King v. Burwell, a case that could significantly impact the viability of the Affordable Care Act (ACA). In this case, the Court is being asked to decide whether federal tax subsidies are available for use only on health...


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