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25 Aug 2013, 5:23 am by Mark S. Humphreys
Tarrant County attorneys who handle insurance cases need to understand the rules related to the Texas Prompt Payment of Claims Act.Texas Insurance Code, Section 542.056(c) says "If the insurer rejects the claim, the notice required by Subsection (a) or (b) must state the reasons for the rejection." [read post]
20 Aug 2013, 12:55 pm by Susan McLean
In addition, the ICO states that it expects site operators to have appropriate internal policies in place to deal with: (a) complaints from individuals who believe that their personal data may have been processed unfairly or unlawfully because of derogatory, threatening or abusive third-party posts, (b) disputes between individuals regarding the factual accuracy of posts; and (c) complaints about how the organization processes personal data provided by users. [read post]
15 Aug 2013, 12:48 pm by James Hamilton
Section 214(b) requires that all funds expended in the liquidation of a covered financial company be recovered from the disposition of assets or through assessments on the financial sector. [read post]
12 Aug 2013, 11:34 am by Orin Kerr
Nov. 5, 2007), the court allowed the plaintiff suing an insurance company to get a copy of the actuarial database used to set the terms of the plaintiff’s policy. [read post]
8 Aug 2013, 6:10 am by Mark S. Humphreys
The statute provides the following exemptions: 1) a stock life, health, or accident insurance company; 2) a mutual life, health, or accident insurance company; 3) a stock fire or casualty insurance company; 4) a mutual fire or casualty insurance company; 5) a Mexican casualty insurance company; 6) a Lloyd's plan; 7) a reciprocal or interinsurance exchange; 8) a fraternal benefit society; 9) a… [read post]
4 Aug 2013, 6:35 am by Mark S. Humphreys
To recover a penalty under the statute act, an insured must establish that: a) the insured had a claim under an insurance policy; b) the insurance company is liable for the claim; and c) the insurance company has failed to comply with a requirement of the Act. [read post]
31 Jul 2013, 5:25 pm by Wystan M. Ackerman
  He predicted that  the use of Rule 23(c)(4) issues classes is likely to be a focus in the future, and there is already a circuit split on whether the case as a whole must satisfy Rule 23(b)(3)’s predominance requirement if Rule 23(c)(4) is used. [read post]
31 Jul 2013, 4:25 pm by Wystan Ackerman
  He predicted that  the use of Rule 23(c)(4) issues classes is likely to be a focus in the future, and there is already a circuit split on whether the case as a whole must satisfy Rule 23(b)(3)’s predominance requirement if Rule 23(c)(4) is used. [read post]
23 Jul 2013, 7:19 am by Mark S. Humphreys
Categories of persons who have standing to sure under the statute include: a) insured b) named beneficiaries c) intended third party beneficiaries d) agents e) claimants who relied on representations by the insurer. [read post]
22 Jul 2013, 11:56 am by Gritsforbreakfast
But the idea is already running into resistance, said Edmonds, because insurance companies don't want to cover school districts employing said marshals, apparently fearing that an anonymous, armed adult on campus might get shot by police responding to a chaotic active shooter situation. [read post]
16 Jul 2013, 5:05 pm by Alexander J. Davie
At the time they were proposed, both I and others had some concerns about the regulations and the impact they would have on small companies raising funds (see this post regarding my views and this post on the Angel Capital Association’s views). [read post]
15 Jul 2013, 5:42 pm by Law Lady
The court concluded that 30 U.S.C. 932(l), as amended by section 1556(b) of the Patient Protection and Affordable Care Act, Pub. [read post]
11 Jul 2013, 7:03 am by Mark S. Humphreys
The Texas Insurance Code Section 541.061(2) makes it illegal for an insurance company to fail to disclose relevant information. [read post]
9 Jul 2013, 7:08 am by Mark S. Humphreys
Dallas insurance attorneys should know examples of the ways insurance companies commit bad faith insurance code violations with their insured customers. [read post]
5 Jul 2013, 5:00 am by Bexis
Superior Court, 920 P.2d 1347, 1352-53 (Cal. 1996); Washington State Physicians Insurance Exchange & Ass’n v. [read post]