Drew Edwards

The FBI on June 6 said it is investigating McClenny Moseley & Associates and asked potential victims of the troubled Texas law firm to come forward after it came under scrutiny in Louisiana for allegedly mishandling thousands of lawsuits over hurricane property damage. The post that seeks information from potential victims, which appears on the FBI's website, says that it 'believes MMA primarily targeted Southeastern Louisiana homeowners after Hurricane Ida.' The post also says that the law firm may have been assisted by Apex Roofing & Restoration. McClenny Moseley, which is now known as MMA Law Firm and is based in Houston, filed thousands of lawsuits in Louisiana state and federal courts in 2022 against insurers on behalf of homeowners who suffered property damage from hurricanes Laura, Delta and Ida. Garrison Jordan, an attorney for former MMA name partner James McClenny, told Reuters that his client 'had no involvement in the Louisiana litigation that's sparked this investigation.' Jordan declined to comment on the investigation or when McClenny learned about it. Learn more: https://lnkd.in/eussi7ng #legalindustry #lawyers #lawfirms #whitecollarcrime #legal #legalnews

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Yes, Texas has a statute of limitations. Generally, you have two years from the date of the accident to file a personal injury lawsuit. It's crucial to consult with an attorney promptly to ensure compliance with deadlines. Learn more at https://lnkd.in/eJcMV62A. #truckaccidentattorney #texasaccidentattorney #texaspersonalinjurylawfirm

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Where did the Oklahoma Insurance Data Security Act Come From? Recently, Oklahoma enacted a version of the NAIC Model Insurance Data Security Act, a critical move towards enhancing the protection for Oklahoman’s data. While the Act was signed by Governor Stitt at the end of May, most of the act’s provisions were drafted by the National Association of Insurance Commissioners (the “NAIC”) more than seven years ago. The NAIC is a key organization within the U.S. insurance industry, serving as the standard-setting and regulatory support entity governed by the chief insurance regulators from the 50 states, the District of Columbia, and five U.S. territories. Founded in 1871, its mission is to assist state insurance regulators in serving the public interest and achieving the key regulatory goals of protecting policyholders, ensuring the financial stability of insurance markets, and promoting fair and equitable treatment of consumers. Through the NAIC, state regulators establish best practices, conduct peer review, and coordinate regulatory oversight. The NAIC’s Model Insurance Data Security Act sets out comprehensive data security standards for insurers and other entities licensed by state insurance departments. The development of this model law began in early 2016 and was adopted in October 2017 after extensive deliberations among state regulators, consumer representatives, and the insurance industry. The U.S. Treasury Department emphasized the importance of this initiative, urging states to adopt the model law within five years. Should states fail to do so, the Treasury Department recommended that Congress enact federal legislation to ensure a uniform standard across the country. Notably, the model act was released around the same time that the New York Department of Financial Services (the NYDFS) released comprehensive cybersecurity regulations requiring financial institutions that do business in New York to establish and maintain rigorous cybersecurity programs. One principal impact of the model act was an effort to address the cybersecurity risks that remained for those entities that were not covered by the NYDFS cybersecurity regulations. South Carolinas was the first jurisdiction to enact a versions of the NAIC’s Model Data Security Act in 2018. Since then, an additional 24 jurisdictions have enacted a version of the act, with Oklahoma and Rhode Island being the two most recent. As a reminder, this is the second post in a five-part series on the Oklahoma Insurance Data Security Act (the “OIDSA”). Tomorrow’s post will drill down on the specific provision of section 4 of the Act; while Thursday’s post will look closer at how the OIDSA differs from the model act and other state’s enactment of the same. I’ll wrap up the week on Friday with a post that provides some recommendations on how organizations can comply with the OIDSA.

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On April 18, 2024, OSHA released the 2023 injury and illness data collected under the Improved Tracking of Workplace Injuries and Illness regulation that was issued in July 2023. This article provides more information. https://lnkd.in/gBJMkQK8

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Texas Products Liability (auto) -- Rebutting Section 82.008's presumption of non-liability for compliance with safety regulations In a very contested case arising from a tragic 2015 accident involving catastrophic injuries (quadriplegia) involving product liability allegations relating to the seat belt system for a third-row middle seat passenger (age 23), the Texas Supreme Court has just reversed the judgment of the trial court and lower appellate court which had awarded a $26 million judgment in favor of the injured passenger against the automobile manufacturer (which had included joint and several liability). Unlike the trial court and lower appellate court, and agreeing with the auto manufacturer, the Texas Supreme Court held the affirmative defense of compliance with mandatory federal safety standards was applicable and this the presumption was not rebutted. As such, the Court also concluded there was no evidence to support the jury's finding that federal safety standards were inadequate to protect the public. Thus, it reversed the lower courts below and rendered a "take-nothing" judgment in favor of the auto manufacturer. Before trial, the injured passenger had settled with all other defendants (vehicle owner and ride-share driver and ride-share provider). Amicus briefs were also filed in this matter. The majority opinion issued on June 28, 2024 is pasted below.

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Important Factors To Understand About Car Accidents While many people may never get in a serious vehicle collision, it is still necessary to have knowledge that empowers you to protect yourself. It’s important to be prepared for the unexpected. Murphy Law Firm explains four important factors about Louisiana car accidents. https://lnkd.in/gCHU-BJU

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At Rodriguez & Associates, our oilfield accident attorneys can help you navigate the challenging process of filing a tort claim, differentiate options associated with labor unions and workers' compensation, and help you achieve the best possible outcome for your family. #OilfieldAccidents #OilfieldAccidentAttorneys

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Let's also remember that Business Interruption coverage is typically built into your property policy so property damage from a covered peril must first occur before your BI coverage is triggered. Assuming you have BI coverage because not every property policy does. If you do have the coverage, simply being without power doesn't necessarily trigger coverage but all policies are different so talk to your agent when it matters and be safe! Jason Lee Chad Burke Economic Alliance Houston Port Region Ben Westcott Brady, Chapman, Holland & Associates Ken Proctor

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The consequences of a car accident can be devastating. Our experienced accident attorneys at Gonzalez Druker Law Firm have helped victims in Laredo who have suffered from all types of injury crashes. If you have been hurt in an auto collision that was someone else’s fault, you need qualified legal assistance to fight for compensation to help cover the cost of: • Medical bills • Lost wages • Damages • Loss of earning capacity At Gonzalez Druker Law Firm, we offer extensive legal experience along with our unwavering dedication to serving you. Whether you are dealing with the aftermath of a personal injury claim or need criminal defense, we can navigate the legal complexities of your case with precision. Contact us today for expert legal advice! #KnowYourRights #AccidentsPrevention #LegalAdvice #JusticePrevails #GDLawFirm #MaximizeCompensation #law #lawfirm #texaslawyer #personalinjury #legalsupport #accidentvictims #justiceserved

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Regardless of the size of the business, the legal cost to defend & protect a director is considerable, as well as the personal penalties. Due to the personal liability risk—which is not covered under a personal insurance policy—protecting your boardroom can be an exceptional challenge. To help ensure both your officers’ and company’s full protection, a directors’ and officers’ liability insurance (D&O) policy is part of a comprehensive risk financing strategy. Learn more below!

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Oklahoma recently enacted SB543, the Oklahoma Insurance Data Security Act (the "OIDSA"), which became effective last week. The act is based on (but not identical to) the NAIC's Insurance Data Security Model Law, and includes a host of regulatory obligations for entities licensed by the Oklahoma Insurance Department, many of which will take time and resources to properly implement. Businesses within scope of the OIDSA have 12 months to ensure their compliance with most aspects of the act, and are required to certify such compliance with the state insurance commissioner. Key Highlights of the OIDSA include: - Mandatory risk assessments to identify and address cybersecurity threats. - Requirement to develop, implement, and maintain a comprehensive Written Information Security Program (WISP). - Establishing and updating a response plan for cybersecurity incidents. - Obligatory cybersecurity awareness training for all personnel. - Ensuring third-party service providers comply with appropriate security measures. The enactment of the OIDSA signifies a pivotal move towards safeguarding nonpublic information and reinforcing cybersecurity practices in the insurance sector. I've included a copy of the act below for anyone that is interested. Stay tuned for a series of additional posts on the OIDSA this week: - Tuesday: Background and History of the OIDSA - Wednesday: Drilldown on Section 4's cybersecurity obligations - Thursday: Comparison of the OIDSA to the model law and other states’ approaches - Friday: Recommendations for organizations to comply with the OIDSA

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Eastern District of Louisiana rules that policyholders have no less than two years to file a claim Our law firm recently clarified Louisiana law that all first-party property claims, including extra-contractual claims, are subject to a two-year prescriptive period by winning this issue at the Louisiana Supreme Court. https://lnkd.in/ea-z5Tis Louisiana statutory law and the insurance policy language was clear. In my opinion this was not proper for law firms to argue against this position because the law was so clear. Similarly, in the case of Catalanotto v. Geovera Specialty Insurance Company, the plaintiff did not make a claim against Geovera until filing suit on August 10, 2023, shortly before the two-year deadline. Geovera argued that its policy and the law required the claim to be filed within 365 days of the loss. Judge Ivan Lemelle ruled that Geovera's reliance on this policy language was misplaced as it violated La. R.S. 22:868(B), which plainly states in part: "No insurance contract delivered or issued for delivery in this state and covering subjects located, resident, or to be performed in this state, or any health and accident policy insuring a resident of this state regardless of where made or delivered, shall contain any condition, stipulation, or agreement limiting right of action against the insurer to a period of less than twenty-four months next after the inception of the loss when the claim is a first-party claim. . ." The court held: "Without marshalling supportive caselaw or analyzing the textual context or history of both Louisiana Revised Statutes §§ 22:1264(A) and 22:868(B), GeoVera contends that plaintiffs’ insurance suit is time-barred for failure to provide notice of their claim within 365 days of the event. GeoVera is mistaken." While everyone is entitled to bring creativity to their allegations, both plaintiffs and insurance companies should make sure that they are taking positions that are consistent with the plain language of Louisiana law.

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