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Pending Approval By Governor, Companies That Rent Industrial "Special Mobile Equipment" Will No Longer Be Subject to Strict Vicarious Liability for the Actions of Their Renters
Under a bill just passed by the Florida Legislature, owners of "special mobile equipment," such as cranes and loaders, are no longer subject to strict vicarious liability under the dangerous instrumentality doctrine for the negligence of those who...By: Carlton Fields from Insurance RSS Feed | JD Supra Law News http://bit.ly/2WpI4kA
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Insurers, Brexit, Germany – key considerations on how to conduct business going forward despite delays
Different Brexit scenarios - Even with the recent postponement of Exit Day i.e., the date for Britain’s withdrawal from the European Union to—at the latest—October 31, 2019, a No-Deal Brexit1 or a Hard Brexit is not entirely out of the question....By: Dentons from Insurance RSS Feed | JD Supra Law News http://bit.ly/2UWXuev
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Puerto Rico’s Newly Required Expedited Payment Process for Property Insurance Policies
In our recent article addressing property insurance in Puerto Rico, we discussed the new appraisal rules for Puerto Rico property insurers that the governor of Puerto Rico enacted in response to the extremely active 2017 Atlantic hurricane season....By: Zelle LLP from Insurance RSS Feed | JD Supra Law News http://bit.ly/2ZUVln0
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TCPA Insurance Coverage: A Glimmer of Hope?
In 2017, National Union Fire Insurance Co. of Pittsburg, Pa. successfully obtained dismiss of an insurance denial suit by Yahoo! brought in the U.S. District Court for the Northern District of California....By: Balch & Bingham LLP from Insurance RSS Feed | JD Supra Law News http://bit.ly/2Y4VHWr
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Opioid–Related Litigations on the Rise
Potential costs and expenses for liability for opioid based claims are formidable, leaving many companies wondering whether insurance policies offering commercial general liability insurance (“CGL”), product liability insurance (“PLI”), and...By: Kelley Drye & Warren LLP from Insurance RSS Feed | JD Supra Law News http://bit.ly/2DIneW8
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“That Particular Part” – Yet More
Massachusetts Appeals Court Gets It Right – Mostly - Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir. 2019) (about which I wrote...By: Farella Braun + Martel LLP from Insurance RSS Feed | JD Supra Law News http://bit.ly/2JhbXQn
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The potential pitfalls of dismissing an employee entitled to long-term disability benefits
In the recent case of ICTS (UK) Ltd v. Visram, the Employment Appeal Tribunal (EAT) held that an employer was contractually obliged to provide an employee with long-term disability benefits until he was able to return to his old job, and not just...By: Dentons from Insurance RSS Feed | JD Supra Law News http://bit.ly/2H0544p
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CMS Proposes To Force Hospices to Specify Unrelated Treatments
In its FY 2020 proposed hospice update, CMS proposes two changes of significant interest to providers: • Shifting $500 million of reimbursement from routine to enhanced care levels; and • Requiring providers to notify patients in writing of...By: Sheppard Mullin Richter & Hampton LLP from Insurance RSS Feed | JD Supra Law News http://bit.ly/2VB80fM
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Florida Legislature Passes Sweeping Assignment of Benefits Legislation
Significant changes appear to be in the pipeline for Florida property insurers after the Florida legislature passed sweeping assignment of benefits (AOB) reform legislation last week....By: Carlton Fields from Insurance RSS Feed | JD Supra Law News http://bit.ly/2IRGqoG
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Strong Collaboration Between Legal and Risk Management Departments Is Key to Maximizing the Value of Your Company’s Insurance
As outside coverage counsel for corporate policyholders, we see firsthand how corporate risk management and legal departments interact and work together—or don’t. Some risk management and legal departments are in sync. They tackle intersecting...By: Pillsbury - Policyholder Pulse blog from Insurance RSS Feed | JD Supra Law News http://bit.ly/2ZLu3zF
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Court Finds Jurisdiction Over Petition to Confirm Arbitration Award in Dispute Between Liquidator and Foreign Reinsurer
In the wake of the liquidation of Legion Indemnity Co., the Illinois Director of Insurance, as liquidator of Legion, and Catalina Holdings arbitrated claims originating under reinsurance agreements between Legion and a predecessor of Catalina....By: Carlton Fields from Insurance RSS Feed | JD Supra Law News http://bit.ly/2J1pfjI
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Washington Court of Appeals Highlights Limitations on Third-Party Standing to Bring Bad Faith and Statutory Claims Against Insurers
After her condo unit was damaged by fire and water, Gretchen Michels sued Farmers Insurance Exchange, her condominium association’s insurer, for bad faith and violations of the Washington Consumer Protection Act....By: Saul Ewing Arnstein & Lehr LLP from Insurance RSS Feed | JD Supra Law News http://bit.ly/2IQBY9w
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Insured To Captive: “More, Charge Me More, Charge Me More . . .” Premiums?*
It’s Not All About 2017- A casual review of the recent tax literature may leave a “lay person” with the impression that, prior to the passage of the 2017 tax legislation, tax advisers had nothing else to write about. Opportunity zones, GILTI,...By: Farrell Fritz, P.C. from Insurance RSS Feed | JD Supra Law News http://bit.ly/2ZN8lLG
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Know Your Lease: Florida's 3rd District Revisits Subrogation In The Context Of Landlord/Tenant Leases
Historically, a tenant who pays towards its landlord’s insurance premiums, pursuant to the terms of the lease, is generally considered a “co-insured” under the landlord’s policy. See Lumber Mutual Insurance Co. v. Zoltek Corp., 647 N.E.2d 395 (Mass....By: Butler Weihmuller Katz Craig LLP from Insurance RSS Feed | JD Supra Law News http://bit.ly/2GRJmzc
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LL Surplus Lines Series (Entry 7): Applicability of Cancellation and Nonrenewal Requirements to Surplus Lines Insurers and recent updates (Attorney Analysis)
Cancellation and nonrenewal requirements applicable to insurance policies exist in every state in the nation. These laws and regulations are founded on the principle that insurance customers should be protected against losing insurance coverage...By: Locke Lord LLP from Insurance RSS Feed | JD Supra Law News http://bit.ly/2WeaEFd
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Fraudsters May Determine Whether You Have Cyber-Insurance
Many organizations are surprised to learn in the wake of a cyber-incident that their “cyber” insurance does not cover their losses. Very often this is because fraudsters’ method for committing fraud may not have been the type of risk that a...By: Dickinson, Mackaman, Tyler & Hagen, P.C. from Insurance RSS Feed | JD Supra Law News http://bit.ly/2V2BzYg
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Insurance Companies Take Note: Another Compliance Concern For Your Cybersecurity “To Do” List
If you are an insurance provider, you are already awash in regulatory quagmires. Now, you can add one more. In fact, if you don’t have a comprehensive data privacy and security plan in place, then you may not be in compliance with quickly-expanding...By: SmithAmundsen LLC from Insurance RSS Feed | JD Supra Law News http://bit.ly/2Vt3HmI
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