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28 Feb 2013, 8:44 am by Mark S. Humphreys
This is found in Texas Insurance Code, Sections 4001.051(c) and 4001.053. [read post]
5 Dec 2009, 7:40 am by Mark S. Humphreys
Section 701.001 says "Fraudulent Insurance Act" means an act that is in violation of a penal law and is: (A) committed or attempted while engaging in the business of insurance; (B) committed or attempted as part of or in support of an insurance transaction; or (C) part of an attempt to defraud an insurer. [read post]
3 Jan 2011, 8:44 am by Goldberg Segalla LLP
The amount of credit the ceding insurer is allowed to take is based upon the rating of the reinsurer, and can be no greater than the credit allowed for the lowest rating as provided in the table below:   Credit Allowed Best S&P Moody’s Fitch 100% A++ AAA Aaa AAA 90% A+ AA+, AA, AA- Aa1, Aa2, Aa3 AA+, AA, AA- 80% A, A- A+, A, A- A1, A2, A3 A+, A, A- 25% B++, B+ BBB+, BBB, BBB- Baa1, Baa2, Baa3 BBB+,… [read post]
26 Feb 2013, 6:11 am by Mark S. Humphreys
Courts have described actual authority this way: "Actual" authority, which includes both express and implied authority, usually denotes that authority a principle: (a) intentionally confers upon an agent; (b) intentionally allows the agent to believe he possesses; or (c) allows the agent to believe that he possesses by want of due care. [read post]
28 Feb 2017, 12:00 pm by admin
My clients are shocked to learn that (a) people actually drive cars with no insurance – as in 0 insurance; (b) they were hit and injured by someone with a basic policy of only $25,000.00 of coverage (the minimum in Illinois at this time); and/or (c) the other person’s insurance was just “rescinded” for fraud or misrepresentation in taking out the policy (aka – again – no insurance!). [read post]
2 Jun 2015, 4:56 am by Mark S. Humphreys
" The court set out the standards under Texas law for third party beneficiary status:(a) the claimant was not privy to the written agreement between the insured and insurer; (b) the contract was made at least in part for the claimant's benefit; and (c) the contracting parties intended for the claimant to benefit by the written agreement. [read post]
29 Dec 2015, 6:28 am
The reporting requirements pertain to sections 6055 and 6056 and directly impact the time allowed to submit forms 1095-B, 1095-C, 1094-B, and 1094-C. [read post]
9 Mar 2013, 7:42 am by Mark S. Humphreys
Fort Worth life insurance attorneys and those in Dallas and Weatherford need to know what the requirements are in a policy.Texas Insurance Code, Section 1101.002(a), tells us life insurance policies must contain several prescribed provisions. [read post]
16 Oct 2014, 6:49 am by Mark S. Humphreys
The rulings deals with a Rule 12(c) motion which is a civil procedure judgment on the pleadings. [read post]
18 Aug 2014, 5:31 am by Shane Smith
Safeco Insurance Company of America,1 the court addressed the meaning of the term “replacement cost”, which, under the particular policy in that case, shall not exceed: the smallest of the following amounts: (a) the limit of liability under the policy applying to Coverage A or B; (b) the replacement cost of that part of the damaged building for equivalent construction and use on the same premises as determined shortly following the loss; (c) the… [read post]
22 May 2009, 7:24 am
Two of the 6 posted opinions are relevant to P&C insurers doing business in New York. [read post]
8 Apr 2016, 4:30 am by Charles Mathis
§ 4019(c), “through a general waiver of Section III.C.3.b (4) and a limited waiver of Section VII.C.2 of the Dwelling Form of the [Standard Flood Insurance Policy (“SFIP”)] . [read post]
21 Nov 2012, 12:20 am
The case involved a class action filed by an annuity beneficiary alleging that the insurer sold his mother and similarly situated plaintiffs a deferred annuity that did not comply with disclosure requirements of individual annuity contracts pursuant to California Insurance Code (“CIC”) §§ 10127.10(c) and 10127.13.The parties do not dispute that: (a) the deferred annuity provides that it is a certificate issued under a group annuity contract… [read post]
21 Nov 2008, 10:06 pm
A rich 5 of the 8 posted opinions get a look as relevant to P&C insurers.Duty to Defend -- Directors' and Officers' Policies (October 16, 2008)Question Presented:May a directors' and officers' (D&O) liability policy include a provision that places the duty to defend upon the insured rather than the insurer? [read post]
25 Oct 2014, 11:04 am by Jacek Stramski
The first question before the Florida Supreme Court was whether the family vehicle exclusion conflicts with subsection (b) or (c) of section 627.727(3), Fla. [read post]
25 Jun 2008, 7:24 pm
Thus, if any provision in the certificate of insurance imposes an obligation or liability upon an insurer not required by the policy, such difference would alter, expand, or modify the rights between an insured and the insurer, and would constitute a policy form that must be filed with the Superintendent pursuant to Insurance Law § 2307(b). [read post]