Posts tagged with: "insurance"
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7 May 2013, 2:06 pm by Editorial Board
On May 2, MBIA Insurance Corporation announced that it reached a settlement with Flagstar Bank in its lawsuit arising out of $1 billion in Flagstar-sponsored MBS that MBIA insured.  MBIA sued Flagstar for breach of warranty under the insurance agreements, breach of the repurchase protocol, material breach of the insurance agreements, and reimbursement.  MBIA alleged that representations and warranties made by Flagstar about the insured mortgage loans and about Flagstar’s operations… [read post]
7 May 2013, 11:49 am by John Finnerty
May is National Bicycle Safety Awareness Month.  Every year hundreds of bicyclists are injured or killed due to the negligence and carelessness of drivers who refuse to share the road.  Most if not all of these accidents could be avoided if motor vehicle drivers would simply be more aware and observant of the bicyclists on the roadway.  Bicyclists generally have the same right to travel most roads (other than interstate highways) that motor vehicles do.  Thus,… [read post]
7 May 2013, 11:24 am
The Missouri Department of Insurance announced recently that consumers who filed complaints against their insurance companies received an additional $6.2 million in claim payments in the first quarter of 2013. "Consumers should not assume that they've run out of options if their claims have been denied by their insurance company or they feel that their settlement is unfair," said John M. Huff, director of the Missouri Department of Insurance. "Our department is here to protect Missourians and… [read post]
7 May 2013, 9:21 am by
Senator Debbie Stabenow, Chairwoman of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, will convene a meeting of the full Committee for purposes of considering and marking up the 2013 Farm Bill on Tuesday, May 14 at 10 a.m. in the Committee’s hearing room, 328-A of the Russell Senate Office Building. Due to limited space, all press wishing to attend are required to RSVP, and seats will be reserved in order of response. Additionally, an overflow room will be provided to… [read post]
7 May 2013, 9:20 am
A new report from the Social Security Administration reveals that the number of people on disability has risen sharply, with nearly 77,000 enrolling in the Social Security Disability Insurance program last month. Our Los Angeles SSDI attorneys understand that some 300,000 have been granted benefits since the beginning of the year, bringing the total to more than 8.8 million, with is an increase of about 1 million over the course of three years. Of course, we recognize that many are going to skew… [read post]
7 May 2013, 7:35 am by Nikki Chu
Tribunal considers whether Owners additional insurance against piracy risks was “necessary” Owners’ additional insurance against piracy found not “necessary” and additional premiums unrecoverable London Arbitration 4/13 The Tribunal considered whether it was “necessary” for Owners to take out additional insurance against piracy risks. The Tribunal adopted an objective approach towards the meaning of the word, and held that the additional insurance costs were… [read post]
7 May 2013, 5:15 am by Daniel E. Cummins
In a recent memorandum Opinion, the Eastern District Federal Court of Pennsylvania in Clark v. Progressive Advanced Insurance Company, No. 12-6174 (E.D. Pa. April 26, 2013 Ludwig, J.) dismissed a bad faith claim in an underinsured (UIM) motorists case. This case involved a bad faith claim filed under Section 8371 of the Pennsylvania Judicial Code and was essentially based upon the Plaintiff's claim of an inadequate offer by the insurance company in a UIM case.  There were $300,000… [read post]
7 May 2013, 5:14 am by Daniel E. Cummins
The Philadelphia Court of Common Pleas upheld Allstate Insurance Company’s “forum selection clause in the court’s recent Order without Opinion in the case of Motta v. Allstate Ins. Co., March Term 2013, NO. 0839 (C.P. Phila. Co. April 22, 2013) In this Post-Koken uninsured motorist (UM) matter, the Allstate declarations page listed the named insured’s address as being in located in BerksCounty.  The accident occurred in PhiladelphiaCounty. Allstate responded to… [read post]
7 May 2013, 4:42 am by sally
“As I mentioned in “Intellectual Property Litigation – the Funding Options” 10 April 2013, it was possible until the 31 March 2013 for a litigant to enter an agreement with his or her solicitors and counsel known as a conditional fee agreement (‘CFA’) whereby the lawyers would look to the other side for payment not only of their assessed costs but also of an uplift known as a success fee and the premium for insurance against their own and the other side’s… [read post]
7 May 2013, 3:05 am by sally
“A new law intended to ensure insurance firms pay compensation when employers’ paperwork is lost will apply only to some cancer sufferers, and they will get less than expected.” Full story The Independent, 5th May 2013 Source: www.independent.co.uk [read post]
6 May 2013, 1:09 pm by Yale Galanter
Q: “Will points on my driver’s license affect my car insurance?” A:  “Yes—so I hope you’ve got a rainy day fund stashed away because your car insurance rates are definitely going to increase.” You see, insurance companies evaluate risk of future loss by looking at people’s driving records. The more tickets, convictions, and points on [...]How will points on your license affect insurance? is a post from: Galanter Law No related posts. [read post]
6 May 2013, 12:47 pm by Barger & Wolen LLP
By James Hazlehurst The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not eliminate a liability insurer’s duty to defend against a federal prosecution where the policy provides for a defense against criminal proceedings.  Section 533.5(b) precludes an insurer from defending against “any claim in any criminal action or proceeding or in any action or proceeding brought pursuant to”… [read post]
6 May 2013, 9:20 am by Greg Baumgartner
    If you been in an automobile accident that was not your fault, dealing with the other insurance company can be very painful regarding your property damage claim. Not all insurance companies are difficult to deal with, but many are difficult to deal with.   First of all, dealing with the adverse insurance company regarding your property damage should occur sooner rather than later. If your vehicle has been towed, you may want to move the vehicle to avoid storage charges adding up.… [read post]
6 May 2013, 9:20 am by
Category: Recent Decisions;Insurance Law Opinions Body: AC33214 - Mariculture Products Ltd. v. Certain Underwriters at Lloyd’s of London ("In Mariculture Products Ltd. v. Certain Underwriters at Lloyd’s of London, 110 Conn. App. 668, 955 A.2d 1206 (2008) (Mariculture II), this court reversed the supplemental judgment of the trial court granting the plaintiff postjudgment interest under General Statutes § 37-3a, holding that the parties’ stipulation had limited the issue of… [read post]
6 May 2013, 8:33 am by Elizabeth Carpenter
By Elizabeth Carpenter Each week, our Health Policy team recaps recent health care developments in two reports, Weekly Health Care Wrap-Up and Health Insurance Exchanges: State of the States. Weekly Health Care Wrap-Up is our weekly look at regulatory developments affecting health care at the federal and state level. Last week, CMS released shorter Exchange applications and CCIIO provided additional details on the roles of agents and brokers. Health… [read post]
6 May 2013, 8:30 am
A few weeks ago I posted about an Eighth Circuit case that once again illustrated how, despite the drafter's precision carrying the day most of the time, sometimes a litigator's creativity can trump it. Well, it's happened again. And again the issue is whether a dispute between and insured and a carrier is subject to arbitration. And again, the carrier wanted to arbitrate but the court kept the case. This time it's the Second District California Court of Appeal, in Diamond Blue Enterprises v.… [read post]
6 May 2013, 8:19 am by Cynthia Marcotte Stamer
Employer and other group health plan sponsors, insurers, fiduciaries and administrators should brace to cope with difficulties in upcoming 2014 health plan enrollment challenges in light of sweeping health plan changes, process and system disruptions complicated by incomplete and delayed guidance, and other changes arising from the rollout of the Patient Protection & Affordable Care Act (ACA), particularly with the deadline to provide ACA-required Summary of… [read post]
6 May 2013, 7:17 am
In a strongly worded opinion, Maryland's Court of Special Appeals has rejected the notion of expanding the amount of time for filing a civil claim. Maryland courts will not recognize an exception to the Statute of Limitations without action from the legislature, the state's intermediate appellate court has declared in Samuel Antar et al v. The Mike Egan Insurance Agency, Inc. et al. The statute of limitations is a law that determines the amount of time in which a legal action must be taken or else… [read post]
6 May 2013, 7:09 am by John Finnerty
All roadways are posted with maximum speed limits.  The maximum speed limits are determined from  engineering studies and analysis of safe driving speeds.  Several factors go into the determination, including the road width, curvature and surface composition, the presence of intersecting roadways, and the anticipated amount of traffic & pedestrian volume.  However, despite most driver’s general knowledge and awareness of the dangers of speeding, the… [read post]
6 May 2013, 6:55 am by Lisa Baird
This post was written by Jennifer L. Pike and Nancy E. Bonifant. The Department of Health and Human Services (“HHS”) is seeking comments on a proposal to amend the HIPAA Privacy Rule to expressly permit covered entities to disclose certain mental health information to the National Instant Background Check System (NICS), the federal government’s background check system for the sale or transfer of firearms by licensed dealers. Federal law prohibits the following persons from… [read post]