Mondaq USA: Insurance
Carlton Fields
This amendment passed by a one vote margin, 7-6, with the Working Group Chair breaking an initial tie.
Carlton Fields
On January 13, 2017, the Florida Department of Revenue issued a Technical Assistance Advisement regarding whether a reinsurer had nexus with the state of Florida...
Proskauer Rose LLP
Employment Practices Liability Insurance (EPLI) policies typically provide coverage for both the company and its employees for certain defined "wrongful employment acts," such as discrimination, illegal harassment, retaliation and wrongful termination.
Carlton Fields
Petitioner Daniel Olson brought an action in federal court seeking vacatur of an award against him in arbitration of an employment dispute.
Reed Smith
When is a person an "employee" under one insurance policy but not an employee under another?
Carlton Fields
Typical directors and officers ("D&O") liability policies exclude from coverage claims brought by one of the company's directors or officers against another, or between the company...
Sedgwick LLP
The increasing popularity of Bilateral Investment Treaties (BIT's), in the late 1990's-early 2000's, was heralded as a major step forwards for the protection of international trade.
Carlton Fields
The background of this case is as follows. State Insurance Commissioner Brian Maynard, acting as liquidator of the failed Kentucky Health Cooperative ("KYHC")...
Arnold & Porter Kaye Scholer LLP
Last month, the Second Circuit summarily reversed a district court's ruling that an insurer must pay for legal defense costs far in excess of the insured's liability coverage.
Gray Reed & McGraw LLP
Timely reporting would, perhaps, have established an exception to the exclusion.
Carlton Fields
Terra Finance LLC brought an action to compel arbitration. Defendant Acrow Corporation moved to dismiss the action, arguing that the arbitration clause was unconscionable, and therefore unenforceable
Kramer Levin Naftalis & Frankel LLP
A congressional hearing held on February 16 exposed concerns in connection with the Covered Agreement around process, federalism and the direction of U.S. insurance regulation.
Carlton Fields
A court has confirmed an arbitration award of more than $8 million in damages, attorneys' fees and costs against Sirona Dental Systems, Inc. and Arges Imaging Inc....
On January 27, 2017, the Ninth Circuit affirmed a California district court's rulings and jury findings that an insurer breached its duty to defend, recognizing that under California law...
Stites & Harbison PLLC
Last month, in State Farm Mutual Automobile Insurance Co. v. Norcold, Inc., the Sixth Circuit predicted that the Kentucky Supreme Court would decline to extend the "economic loss rule" to consumer transactions.
Sedgwick LLP
In Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. The Roman Catholic Diocese of Brooklyn, No. 653575/2014, 2017 WL 748834 (N.Y. Sup. Ct., N.Y. Cty. February 27, 2017), a New York trial court held that the Diocese must pay multiple self-insured retentions per year — one per occurrence — in a coverage dispute involving claims that foster care agencies affiliated with the Diocese negligently placed ten children with an abusive foster mother over a twenty-two year period.
Sedgwick LLP
In December 2016, it came to light that the Chicago-based law firm of Johnson & Bell had been sued in a purported class action lawsuit brought in the United States District Court for the Northern District of Illinois.
Carlton Fields
In a summary order, the United States Court of Appeals for the Second Circuit has affirmed the dismissal of two "shadow insurance" putative class action lawsuits against Axa Equitable Life Insurance...
Troutman Sanders LLP
Troutman Sanders is pleased to announce the release of 2016 A Year In Review.
Carlton Fields
The case involves a dispute over Utica Mutual Insurance Company's claims for reinsurance proceeds from Munich Re.
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Jones Day
The assignment of insurance policy rights is an essential feature of many corporate asset transfers and restructurings.
Sedgwick LLP
New York's highest court delivered one of the most notable opinions in years when it put a dent in the pro-rata regime for allocation of loss that occurs over multiple policy periods.
Anderson Kill
Imagine you are in-house counsel at a company that is about to sign one of the largest transactions of the year, or maybe even of the past few years.
Sedgwick LLP
In December 2016, it came to light that the Chicago-based law firm of Johnson & Bell had been sued in a purported class action lawsuit brought in the United States District Court for the Northern District of Illinois.
Ogletree, Deakins, Nash, Smoak & Stewart
The "additional insured" provision is one of the most critical provisions in a contract, yet is usually an afterthought. Contract negotiations over scope, schedule, and budget can...
Poyner Spruill LLP
The loss of employee personal information due to a cyber breach is an ever-increasing concern to all employers.
In an abrupt change in position, the US "CMS", in its Advance Notice of Methodological Changes for Calendar Year (CY) 2018, the "Call Letter", published February 1, 2017, announced, for the first time...
Dickinson Wright PLLC
As part of a flurry of activity at the end of 2016, Public Act 379 was enacted by the Michigan legislature and signed by Governor Snyder.
Reed Smith
Many Companies That Have Both Commercial Crime And Cyberliability Insurance Policies Are Learning, To Their Surprise, That They May Not Be Fully Covered If Their Employees Fall For Social Engineering Scams.
Fisher Phillips LLP
This regulation is the first of its kind in the U.S, and will likely serve as a model to other states looking to address cybersecurity.
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