The globalization of commerce is leading to more and more situations where a U.S. company is insured by an overseas insurance carrier. What does it take for a policyholder to be able to sue a foreign insurer in a U.S. court? A recent decision by a federal district court in Washington illustrates the analysis that courts undertake to determine whether a foreign carrier is subject to their jurisdiction.
This document summarizes guidelines from the FTC and state attorneys general for online marketers and affiliates to avoid investigations and enforcement actions for deceptive practices. It outlines what constitutes deception under the FTC Act, how the FTC interprets marketing claims, disclosure requirements, and the investigative and enforcement processes of the FTC and state agencies. It also provides examples of past FTC and state actions against online marketers and affiliates related to areas like mortgage offers, debt relief, and spam emails. The document advises best practices for legal compliance.
The document analyzes how the Consumer Financial Protection Bureau (CFPB) has used its authority to prohibit abusive acts or practices under the Dodd-Frank Act. It finds that the CFPB has brought 16 cases alleging abusive conduct since 2010. The CFPB most often relies on two prongs of the abusiveness definition - those prohibiting taking unreasonable advantage of a consumer's lack of understanding or inability to protect their interests. Nearly all abusive claims also allege unfair or deceptive practices. The CFPB has rarely used the prong prohibiting interfering with a consumer's understanding and never alone. Overall, the CFPB's use of abusiveness claims has not clearly distinguished what conduct is abusive but not unfair or de
This document provides solutions to 40 questions for a law school final exam. It addresses a range of legal topics including torts, contracts, employment law, intellectual property, and environmental law. Specific issues covered include premises liability, product disparagement, employment discrimination, workplace safety regulations, and patent restrictions.
Jaspen Boothe was a divorced single mother serving in the Army Reserves in 2005. After Hurricane Katrina and being diagnosed with cancer, she found herself homeless with no job or place to live after being discharged from the military. To help other women veterans facing homelessness, she started the nonprofit Final Salute in 2010, which has provided temporary housing, counseling, and assistance finding permanent homes for almost 300 former military women and their families. Boothe takes in women for up to two years and helps them find work and save to get back on their feet. The article tells the story of one woman, Anne-Marie Dixon, who was living in her car before Boothe gave her a room and helped her save to find
JOBS Act Rulemaking Comments on SEC File Number S7-11-13 Dated August 13, 2014Jason Coombs
The document is a letter from the CEO of Public Startup Company to the SEC criticizing a group of 9 Senators who urged the SEC to withdraw its proposed preemption of state securities regulation for Regulation A+ offerings under Title IV of the JOBS Act. The CEO argues the Senators failed to provide reasonable justification and made factually incorrect claims. The CEO asserts full federal preemption is necessary for the SEC to properly implement Title IV and that states would still be able to prosecute fraud even without prohibitions on unregistered securities. The CEO believes the Senators are harming small businesses and job creation with their opposition to preemption.
This newsletter summarizes several federal cases related to the False Claims Act (FCA). In one case, a medical center in Dallas was sued under the FCA related to alleged fraudulent billing. The court denied the defendant's motion to transfer the case to Oklahoma, finding Texas had a strong interest since the fraud allegedly occurred there. Another case discussed what constitutes a "false certification" under the FCA. A third case discussed the standard for dismissing an FCA case at the motion to dismiss stage before considering extrinsic evidence.
Under the Right Circumstances, an Insured Entitled to "Independent Counsel" i...NationalUnderwriter
Under the Right Circumstances, an Insured Entitled to "Independent Counsel" in California Can Retain More Than One Firm
by Carey B. Moorehead
In a case of first impression, a California district court has ruled that California law does not preclude an insured from
retaining multiple law firms as independent or Cumis counsel where the insurer is defending under reservation of
rights. The court’s ruling came in the case of Signal Products v. American Zurich Insurance Company, et al.
The Signal Products court was called upon to interpret California Civil Code §2860 in the context of cross-motions for summary judgment between American Zurich Insurance Company and its insured Signal Products, Inc., the defendant in a trademark infringement action. Zurich had agreed to defend Signal under reservation of rights and consented to Signal’s retention of independent counsel.
This document provides instructions for filing dental benefit claims. It notes that submitting incomplete or fraudulent claims is illegal. It provides state-specific notices about insurance fraud. It instructs employees and dentists to complete different sections of the claim form, including treatment details and billing information. Dentists are asked to sign certifying the accuracy of the claim.
Chicago Daily Law Bulletin - Legal-malpractice suit can advance in case of mPaul Porvaznik
The appellate court reversed a lower court's granting of summary judgment for a law firm in a legal malpractice case. The plaintiff construction company had sued its former law firm for failing to properly perfect a mechanic's lien, forcing the plaintiff to settle for $1.3 million less than the lien was worth. The appellate court found that a release signed by the plaintiff when terminating representation did not bar the malpractice claim, as there was no evidence the plaintiff knew of the potential filing error when signing. The court also rejected a judicial estoppel argument, finding the plaintiff pursued alternative arguments in the underlying case reasonably. The malpractice suit could include prejudgment interest, as the underlying lien claim allowed for it.
Court's duty to ascertain jurisdictionCameron Ford
The court has a duty to ascertain its own jurisdiction, even if the parties do not raise any objections. According to past cases, the court's "first duty" is to determine if it has jurisdiction over the matter before it. This duty exists whether or not a party challenges jurisdiction - the court must still consider the question. Jurisdiction cannot be conferred by party consent alone. The court is responsible for being satisfied that the conditions for its jurisdiction have been met.
Divorce 101: What You Need To Know Before Filing For Divorce in ArizonaBillie Tarascio
With 8 in 10 people in Arizona filing for divorce without an attorney, it's vital that you know what attorneys know about what to do before you start the process. This presentation walks you through the things you'll need to know
This document provides an overview of requirements for safeguarding client information and file retention. It discusses the duty of confidentiality lawyers have regarding client information under Rule 4-1.6. The document also outlines factors to consider in determining reasonable protections for client data, such as the sensitivity of information and likelihood of disclosure without additional safeguards. It notes client files may be stored in the cloud or on third-party servers and addresses terms of service and encryption methods for secure communications. The document concludes with a discussion of attorney-client privilege and work product protections.
A civil lawsuit allows victims to seek compensation for harm caused by another individual or entity. If successful, the plaintiff will be awarded damages to help rebuild their life. Civil lawsuits do not determine criminal guilt or innocence, but rather establish liability for damages. Victims can file a civil suit regardless of criminal case outcomes in order to receive compensation for injuries and hold offenders accountable. Pursuing civil action provides victims with control over their case and may result in greater compensation than other options like restitution or victim compensation funds.
Trial Strategy: Understanding the Direct Action Provision of Section 1332(C)...NationalUnderwriter
To determine whether diversity of citizenship exists when a plaintiff sues an insurance company in federal court, one must consider the effect of 28 U.S.C. § 1332(c)(1), as a plaintiff learned in a recent case filed in the Eastern District of Michigan.
The UK Bribery Act 2010 introduces several new bribery offenses that expand the UK's jurisdiction over bribery. It prohibits bribery of foreign officials, private individuals, and failure by companies to prevent bribery. It covers both UK and non-UK companies that do business in the UK. Penalties are severe, including up to 10 years in prison and unlimited fines. Guidance on an "adequate procedures" defense for companies is forthcoming but compliance is critical to avoid prosecution under the Act's broad reach.
The document discusses various options for resolving divorce, including litigated divorce, collaborative divorce, mediator-assisted divorce, using one attorney, and do-it-yourself divorce. It provides details on the process and estimated costs for each option. The goal is to help people choose an option that provides fairness, meets their individual family needs, results in a comprehensive agreement, is practical, and cost-effective. Mediation and using collaborative processes are presented as alternatives to traditional litigated divorce that can still achieve fairness while being more efficient and affordable.
The document discusses the differences between mediation confidentiality and privilege. While most states have strong mediation privilege laws, federal courts take differing approaches. Some federal district courts recognize a mediation privilege based on local rules, while circuit courts have declined to adopt a uniform federal privilege. This can lead to situations where materials protected by state privilege laws may be disclosed in federal court or vice versa. The lack of uniformity creates uncertainty around mediation confidentiality when cases involve both state and federal issues or proceedings.
This presentation on the new global law enforement effort against corruption, white collar crime, and anti-trust/anticartel behavior was first presented in London in November 2008. The presenters followed up with a presentation in November of 2009 in St. Louis. Copyright HBS and AG, 2008 and 2009.
The FCPA was enacted in 1977 to prohibit bribery of foreign officials and requires accurate record keeping. It applies to US companies and citizens, as well as some foreign firms. The FCPA makes it illegal to bribe foreign officials to gain business advantages. Violations can result in criminal fines up to $2M or $100k plus 5 years imprisonment for individuals, and civil fines up to $10k. The DOJ and SEC enforce the FCPA.
Dynamic Log Analysis™ Case Story Hutton CommunicationsClear Technologies
Hutton Communications faced security challenges with limited resources as a growing small business. They lacked visibility into network and firewall logs to identify threats in real-time. Clear implemented their Dynamic Log Analysis solution to provide enterprise-level security monitoring and alerting. This enhanced Hutton's IT productivity by closing vulnerabilities and enabling real-time response to exploits, freeing up resources to focus on other initiatives. Dynamic Log Analysis gave Hutton cost-effective security benefits of a larger solution.
O documento fornece instruções em 5 etapas para se inscrever no Programa de Capacitação e Treinamento (PCT) 2011.1 da Empresa JR. ADM UFBA, incluindo acessar o site da empresa, clicar no ícone PCT, preencher a ficha de inscrição online e enviar, entregar uma foto 3x4, e a opção de se inscrever presencialmente na sede da empresa.
Хоть проведение песочной церемонии и является достаточно простым и нетрудоемким процессом, но все же хотелось бы обратить внимание на некоторые моменты, которые необходимо учесть, чтобы все прошло без сучка и задоринки!
The document outlines a plan for Tech Data, a technology distributor, to expand its warehouse distribution centers to ensure emergency server parts can be shipped to reseller partners within a 4 hour window, aiming to address partners' concerns about server ownership costs and downtime by guaranteeing fast response times for repairs or replacements. The goal is to help resellers better support small and medium businesses that account for most job growth and typically have 5-6 servers or less, and in turn boost Tech Data's customer lifetime value and sales as more remain reliant on purchasing hardware.
This document discusses finding out what people think about a product. It suggests asking people for their opinions on the product to understand how they perceive it and what they like or dislike about it. Gathering feedback can provide valuable insights to help improve the product.
O documento discute os avanços nas técnicas de ataques cibernéticos e crimes virtuais, apontando que crimes são cometidos online a cada fração de segundo e bilhões de pessoas serão vítimas a cada ano se não houver melhores soluções de segurança. Apresenta também que identidades e dados financeiros de pessoas são vendidos online por valores baixos, enquanto a vida financeira das pessoas está em risco na web. Defende novas abordagens de segurança coletiva para proteger os usuários dos crescentes riscos cibernéticos.
Expert, Speaker and Consultant for Small Business Branding using Internet Marketing and Social Media Networks to increase your presence and revenue! As your Personal Media Consultant, I take care of all the "techie stuff" while you conduct business!
HAWK Network Defense has developed this, patent pending, technology that transforms the tedious and time consuming tasks of event logging into a dynamic, powerful experience that proactively mitigate risks. Not only will the analyst be able to rely on experience of the tool to prevent threats, but also be able to utilize his own experience by writing, through regular expression, rules that will place a ‘score’ on specific inter-organizational nuances which are not a threat.
Trial Strategy: The Struggle over Perpetuating Testimony Before Litigation B...NationalUnderwriter
Can an insurance company seek a court order to protect evidence before it is sued by a policyholder? A carrier may want to do this to protect its interests in any coverage case that ultimately is filed. Several decisions by federal district courts in Louisiana have explored this topic – and have reached different conclusions.
5.Missouri was International Shoe Corporations principal place .docxssuser47f0be
5.
Missouri was International Shoe Corporation's principal place of business, but the company employed between 11 and 13 salespersons in the state of Washington who exhibited samples and solicited orders for shoes from prospective buyers in Washington. The state of Washington assessed the company for contributions to a state unemployment fund. The state served the assessment on one of International Shoe Corporation's sales representatives in Washington and sent a copy by registered mail to the company's Missouri headquarters. International Shoe's representative challenged the assessment on numerous grounds, arguing that the state had not properly served the corporation. Is the corporation's defense valid? Why or why not? [
International Shoe Co. v. Washington,
326 U.S. 310 (1945).]
6.
The Robinsons, residents of New York, bought a new Audi car from Seaway Volkswagen Corp., a retailer incorporated in New York and with its principal place of business there. World-Wide Volkswagen, a company incorporated in New York and doing business in New York, New Jersey, and Connecticut, distributed the car to Seaway. Neither Seaway nor World-Wide did business in Oklahoma, and neither company shipped cars there. The Robinsons were driving through Oklahoma when another vehicle struck their Audi in the rear. The gas tank of the Audi exploded, injuring several members of the family. The Robinsons brought a product liability suit against the manufacturer, distributor, and retailer of the car in an Oklahoma state court. Seaway and World-Wide argued that the Oklahoma state court did not have
in personam
jurisdiction over them. After the state's trial court and supreme court held that the state did have
in personam
jurisdiction over Seaway and World-Wide, the companies appealed to the U.S. Supreme Court. How do you think the Court decided in this case? Why? [
World-Wide Volkswagen Corp. v. Woodson,
444 U.S. 286 (1980).]
8.
Le Cabaret 481, Inc., an adult entertainment corporation, wanted to open a strip club in the city of Kingston. Kingston, however, passed an ordinance prohibiting adult businesses from operating within 300 feet of any church, school, nursery, public park, or residential property. Le Cabaret 481 filed a suit against the city, arguing that the ordinance left no feasible locations in the city for an adult business and thus violated the company's First Amendment right to free expression. The city, on the other hand, argued that Le Cabaret 481 did not present a ripe case to the court because the company had not applied for a building permit for its adult business. The company argued that it could not find a location for which it could apply for a permit. Do you think Le Cabaret 481 satisfied the ripeness requirement for its suit against the city? Why or why not? [
Le Cabaret 481, Inc. v. Municipality of Kingston,
2005 U.S. Dist. LEXIS 706 (2005).]
10.
The plaintiffs, parents of underage children, sued the Advanced Brands and Importing Co., a.
Chicago Daily Law Bulletin - Complicated case spells out principles on unjusPaul Porvaznik
The appellate court provided guidance on unjust enrichment and constructive trusts through a complicated case involving a commercial tenant's bankruptcy. The landlord had been assigned the approved claim in bankruptcy court but kept the funds rather than assigning them to the lender as stipulated. The court found the landlord was bound by the stipulation and unjustly enriched itself by keeping the funds. A constructive trust was imposed because it would be unfair to allow the landlord to retain possession of funds that should have gone to the lender per the stipulation. The case clarified the elements and application of unjust enrichment and constructive trusts.
Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad ...NationalUnderwriter
Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad Faith Claim Against First-Party Insurer by Michael S. Levine
In Great Am. Ins. Co. v. GRM Mgmt., LLC,[1] a federal district court denied an insurer’s motion to dismiss a bad-faith claim arising out of the insurer’s denial of its policyholder’s claim for property damage and loss of business income following the theft of rooftop air conditioning units from the policyholder’s hotel. The ruling is significant because it illustrates that Virginia law supports first-party bad-faith claims against insurers.
Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad-...NationalUnderwriter
Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad-Faith Claim Against First-Party Insurer
In Great Am. Ins. Co. v. GRM Mgmt., LLC,[1] a federal district court denied an insurer’s motion to dismiss a bad-faith claim arising out of the insurer’s denial of its policyholder’s claim for property damage and loss of business income following the theft of rooftop air conditioning units from the policyholder’s hotel. The ruling is significant because it illustrates that Virginia law supports first-party bad-faith claims against insurers.
- A study examined how informing jurors that a plaintiff received third-party litigation financing affects juror perceptions and verdict decisions.
- The study found that informing jurors of litigation financing did not negatively impact verdict decisions or perceptions of a case's merits.
- However, it did affect jurors' desires for parties to prevail - jurors favoring the defendant initially were more in favor of the plaintiff after learning of financing.
Staying Out of Trouble (with the California State Bar) 2016Gabriela Ocampo
The document discusses the disciplinary process for attorneys in California. It begins with an overview of how complaints are investigated and may lead to charges and a trial in the State Bar Court. It then covers sources of complaints, reasons for a rise in complaints in 2009-2010, ways for attorneys to protect themselves in retainer agreements, rules regarding fees and referrals, duties and reporting requirements for attorneys, and examples of attorney misconduct cases.
Is the Concepcion Case a Pandora's Box for Class Arbitration?Shahram Shirkhani
Class arbitration is when a group of plaintiffs join together as claimants against an entity. This will happen more commonly when a group of consumers is affected by a defective product that may cause some type of loss to an individual. Know the Concepcion Case.
John Darer of 4Structures in Stamford, CTJohn Darer
John Darer of 4Structures in Stamford, CT is an AM Best Recommended Structured Settlement Expert, Sudden Money® Advisor, Settlement Planner, Watchdog. John Darer is a well-known highly skilled creative structured settlement expert, Certified Financial Transitionist, Registered Settlement Planner, licensed insurance agent, listener, communicator, thought leader and problem solver.
This document discusses problems with the lack of oversight in the structured settlement secondary and tertiary markets. It notes that while structured settlement protection acts were intended to protect recipients, they are deficient in key areas. The first problem discussed is the lack of regulation of participants in these markets, including those who solicit recipients, advise them on sales, advise investors, or provide financial advice. Unlike other financial services, there are no licensing, background check, or continuing education requirements for intermediaries. This raises questions about the legitimacy and accountability of market participants. The document argues that insurance-style regulation is needed to protect consumers in these markets.
1) An Asian company (Company A) obtained an arbitral award against a European company (Company B) and American company (Company C) in Asia. Company B and C refused to comply with the award.
2) Company A wants to enforce the award in US courts. The Federal Arbitration Act governs enforcement and recognizes the New York Convention. Company A must show personal jurisdiction over B and C in the state where enforcement is sought.
3) B and C have a high burden to resist enforcement by proving defenses under the New York Convention such as invalid arbitration agreement or lack of due process. The defenses are limited to those in the Convention. If enforcement is granted, it would allow Company A to
As we previously projected in our recent article/blog posting, MEHTA V. DEPT. OF STATE: WILL PLAINTIFFS BE SUCCESSFUL IN OBTAINING THE INJUNCTIVE RELIEF IN THE CLASS ACTION COMPLAINT?, the United States District Court for the Western District of Washington at Seattle on October 7, 2015, denied the Motion for Injunctive Relief (Temporary Restraining Order) by a group of high-skilled immigrants that would have forced the Department of Homeland Security (“DHS”) to accept Adjustment of Status Applications (“AOS”) as per the “Filing Date” chart contained in the originally issued October 2015 Visa Bulletin by the Department of State (“DOS”).
Trial Strategy: A Proof of Loss, and the Business Records Exception to the He...NationalUnderwriter
The Rhode Island Supreme Court recently issued an interesting decision in a personal injury action involving the question of the admissibility of a proof of loss prepared after an automobile accident by an insured, who died before discovery and trial of the personal injury action. The decision by the Rhode Island Supreme Court offers important guidance on the business records exception to the hearsay rule when it involves insurance-related documents, and otherwise.
Choose one of the options below for discussion. Be sure to elabora.docxrusselldayna
Choose one of the options below for discussion. Be sure to elaborate and explain. I choose p>81
Waffles and Workers’ Rights (EEOC v. Waffle House, p. 81)
Read about arbitration law in Chapter 4 and Case 4-3 in your textbook, and do some online research on the U.S. Equal Employment Opportunity Commission (EEOC). Then discuss the following:
What is the EEOC’s role in regard to business? Does the court say that the EEOC trumps the arbitration contract between the employee and the employer? If so, why? What are the pros and cons of arbitration agreements? Do you think arbitration agreements between big companies and low wage earners who are uninformed about the law are truly fair? If you have any experiences at work with discrimination policies or EEOC trainings, share those experiences.
Dogs and Dream Therapists (Hagen v. Field, pp. 65 (question 7), and Jones v. Williams, p. 43 (question 9)
P65
The plaintiff, a Texas resident, and the defendants, Colorado residents, were cat breeders who met at a cat show in Colorado. Subsequently, the plaintiff sent two cats to the defendants in Colorado for breeding and sent a third cat to them to be sold. A dispute over the return of the two breeding cats arose, and the plaintiff filed suit against the defendants in Texas. The defendants alleged that the Texas court lacked personal jurisdiction over them because they did not have minimum contacts within the state of Texas.
Read both cases and discuss legal issues for the court, focusing on in each. Summarize what factors the court looks at in determining where a case can be brought. What was the decision in each case, and do you think the decision was correct? Why or why not?
ASE
4-3 p81
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WAFFLE HOUSE, INC.
UNITED STATES SUPREME COURT 534 U.S. 279 (2002)
All employees of Waffle House had to sign an agreement requiring employment disputes to be settled by binding arbitration. After Eric Baker suffered a seizure and was fired by Waffle House, he filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) alleging that his discharge violated the Americans with Disabilities Act of 1990 (ADA) under Title VII. The EEOC subsequently filed an enforcement suit, to which Baker was not a party, alleging that Waffle House's employment practices, including Baker's discharge “because of his disability,” violated the ADA. The EEOC sought the following: an injunction to “eradicate the effects of [Waffle House's] past and present unlawful employment practices”; specific relief designed to make Baker whole, including back pay, reinstatement, and compensatory damages; and punitive damages.
Waffle House sought to dismiss the EEOC's suit and compel arbitration because of the binding arbitration clause signed by Baker. The District Court denied Waffle House's motion to dismiss. The Fourth Circuit agreed with the District Court that the arbitration agreement between Baker and Waffle House did not foreclose ...
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Da...NationalUnderwriter
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Damages in Bad Faith Case. (from FC&S Legal: The Insurance Coverage Law Information Center)
Recently, Division One of the Court of Appeals of Washington State affirmed a jury verdict awarding $13 million in damages to a passenger injured in a car accident, finding that the $4.15 million agreed amount of the covenant
judgment in the insurance bad faith case sets a floor, not a ceiling, on the damages a jury can award.
In Miller v. Kenny and Safeco Ins. Co.,[1] the Court of Appeals ruled on several additional issues on appeal including whether evidence of an insurance company’s loss reserves is properly admissible at trial.
This document discusses corporate accountability for Canadian mining companies operating abroad. It outlines challenges in holding companies accountable when harms occur in other countries, including lack of jurisdiction. Recent court cases like Chevron v. Yaiguje and Araya v. Nevsun have opened doors for Canadian courts to enforce foreign judgments and hear claims of international law violations against Canadian parent and subsidiary companies. If successful, these cases could establish important precedents for pursuing legal strategies to increase corporate accountability.
Similar to Trial Strategy: When Will a U.S. Court Assert Jurisdiction Over a Foreign Insurer? (16)
Excess and Surplus Lines Law: A 3-State Sample of a Complete State-by-State C...NationalUnderwriter
Welcome to the 2015 Excess and Surplus Lines Law: A State-by-State Compendium!
This is a 3-state sample of the FREE complete, 186-page state-by-state compendium.
This state-by-state compendium, culled from FC&S Legal’s Eye on the Experts column, is taken from the 2015 Excess and Surplus Lines Laws in the United States Manual, contributed by John P. Dearie, Jr., John N. Emmanuel, Robert A. Romano, and Paige D. Waters, attorneys at Locke Lord LLP, which reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories including a special section on the Non-Admitted and Reinsurance Reform Act (“NRRA”) and the steps surplus lines carriers and brokers should be
taking now to ensure compliance with this groundbreaking legislation.
Easy to use and highly informative, this State-by-State Compendium will be your go-to resource for Excess and Surplus Lines Law around the nation.
Get your complete--and complimentary--compendium today: https://fs8.formsite.com/sbmedia/form1661/index.html
How to Successfully Navigate the Latest Changes to the Affordable Care ActNationalUnderwriter
From ALM's National Underwriter comes a timely and necessary ACA presentation covering:
Employer Mandate Penalties
• Reporting Requirements
• Small Business Health Options (SHOP) Changes
• Cadillac Tax Delay
• Delay of Menu Labeling Rule
• Other Affordable Care Act Changes
• Changes to IRS Forms
• Statistics
Finding in Favor of Insurer, Jury Rejects Homeowners¹ Bid for $600,000 for Wa...NationalUnderwriter
From the NEW Verdicts & Settlements section of FC&S Legal: The Insurance Coverage Law Information Center: Finding in Favor of Insurer, Jury Rejects Homeowners¹ Bid for $600,000 for Water Damage to Their Home
A Florida jury has rejected a couple’s claim that they were entitled to $600,000 from their homeowner’s insurance company for water damage to their residence, finding that the damage claimed by the couple had not been caused by water flowing from a water spout that had been left on overnight.
Facts & Allegations
Andres and Doris Cabo alleged that on January 11, 2011, their residence in Miami-Dade County sustained property damage as a result of their daughter leaving the kitchen faucet’s filtered water spout on overnight. The couple filed a claim with their insurance carrier, Security First Insurance, for water damage to their home.
The EU Solvency II Regime for Insurers: An Update on ImplementationNationalUnderwriter
The document summarizes recent regulatory developments related to the implementation of Solvency II in the UK and EU. It discusses the publication of new rules and guidance by the Prudential Regulation Authority (PRA) on Solvency II requirements. It also outlines new EU regulations setting approval processes for internal models and special purpose vehicles. Finally, it mentions UK regulations coming into force on January 1, 2016 to enable firms to apply for Solvency II requirements verification and approvals in advance.
CFTC Grants No Action Relief to Commodity Pool Operators with Respect to Cert...NationalUnderwriter
CFTC Grants No Action Relief to Commodity Pool Operators with Respect to Certain Insurance-Linked Securitization Vehicles by Daphne G. Frydman, Brian Barrett, and Raymond A. Ramirez
Toward the end of 2014, the staff of the Commodity Futures Trading Commission’s (“CFTC”) Division of Swap Dealer and Intermediary Oversight (“DSIO”) issued two letters affecting insurance-linked securitization vehicles: CFTC Letter No. 14-145[1] and CFTC Letter No. 14-152.[2]
Both CFTC Letters 14-152 and 14-145, which are summarized below, afford relief from certain Commodity Pool Operator (“CPO”) compliance obligations. Although Letter 14-145 preceded Letter 14-152, the summary begins with Letter 14-152 because Letter 14-145 is a no-action letter that was issued to a specific (and anonymous) market participant and cannot be relied on by other market participants. In contrast, Letter 14-152 was addressed to the Securities Industry and Financial Markets Association (“SIFMA”) and affords industry-wide relief from CPO registration to certain entities that engage in insurance-linked securities transactions.
Arbitration in Insurance Coverage Disputes: Pluses and MinusesNationalUnderwriter
The document analyzes the perceived advantages and disadvantages of arbitration in insurance coverage disputes. Some key advantages of arbitration include finality due to limited appeals, enforceability of decisions internationally, flexibility in procedures, and neutrality of venue. However, arbitration can also limit legal protections for the weaker party, decrease precedent from favorable rulings, and eliminate principles such as construing ambiguity against the insurer. While arbitration may be faster and cheaper, these benefits are limited in complex cases. Policyholders should consider negotiating arbitration provisions or avoiding policies with mandatory arbitration clauses.
Supreme Court of Texas Marries Contractual Limitations to Insurance PoliciesNationalUnderwriter
Supreme Court of Texas Marries Contractual Limitations to Insurance Policies by Tom Stilwell, John English, Justin T. Scott, and J. Sean Jain
In a case that has been closely watched by the oil and gas industry and its insurers, the Supreme Court of Texas recently issued its opinion in In re Deepwater Horizon, and settled the debate concerning whether a company’s insurance policies stood alone or were married to and dependent upon an insured’s limited obligation in a separate contract to insure and indemnify a third party. Specifically, the court found that Transocean’s $750 million primary and excess insurance policies did not offer unrestricted coverage to BP as an additional insured, but instead incorporated and were bound by the
limitations placed on Transocean’s liability under the parties’ drilling contract (the “Drilling Contract”).
Supreme Court of New Jersey Confirms "Fairly Debatable" Standard for First Pa...NationalUnderwriter
Supreme Court of New Jersey Confirms "Fairly Debatable" Standard for First Party Bad Faith; Acknowledges Relevance of Actual Investigation by Frederic J. Giordano and Robert F. Pawlowski
The Supreme Court of New Jersey recently issued an important pair of decisions for policyholders with bad faith claims against their first-party insurance companies in Badiali v. New Jersey Manufacturers Insurance Group[1] and Wadeer v. New Jersey Manufacturers Insurance Company.[2] In Badiali and Wadeer, the court reiterated the narrow “fairly debatable” standard as the threshold for bad faith claims in New Jersey. But, the court also opened the door to modify this standard in the Badiali decision by recognizing the relevance of the actual claims handling in a particular case.
Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Rig...NationalUnderwriter
Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Right to Recover Punitive Damages Arising from Insurer¹s Bad Faith by Sara N. Brown and Roberta D. Anderson
In an issue of first impression, the Pennsylvania Supreme Court recently held in Allstate Prop. & Cas. Ins. Co. v. Wolfe[1] that a policyholder may assign statutory bad faith claims under Pennsylvania’s bad faith statute, Section 8371,[2] to a third party claimant.
Importantly, Wolfe resolves the conflict among Pennsylvania and federal decisions regarding the assignability of the right to recover statutory bad faith damages, and allows assignees to seek punitive damages under the statute against an insurer who acts in bad faith.
New York State Department of Financial Services Expands Its Cyber Focus to In...NationalUnderwriter
New York State Department of Financial Services Expands Its Cyber Focus to Insurers by Eric R. Dinallo, Jeremy Feigelson, David A. O’Neil, Jim Pastore, and Jordan R. Friedland
The New York State Department of Financial Services (“DFS”) recently announced a major expansion of its cybersecurity efforts: DFS will require insurers to respond to a special “comprehensive risk assessment” on cybersecurity, with those assessments to be followed by an enhanced focus on cybersecurity as part of DFS’s regular examinations of insurers. DFS’s announcement expands to insurance the increasingly rigorous approach it has recently applied to banks in the area of cyber security. More importantly, it offers critical guidance to all industries about what regulators will consider adequate precautions and preparation in this area.
Migrating Sand Triggers Separate Policy Limits for CGL Policy¹s Personal Inju...NationalUnderwriter
Migrating Sand Triggers Separate Policy Limits for CGL Policy¹s Personal Injury and Property Damage Coverages by Michael S. Levine and Matthew T. McLellan
Cyber Security and Insurance Coverage Protection: The Perfect Time for an AuditNationalUnderwriter
Cyber Security and Insurance Coverage Protection: The Perfect Time for an Audit by Lynda Bennett
2014 ended almost the same way that it began for most companies – having concerns about cyber security and hackers. At the beginning of the year, the news cycle was focused on breaches that took place in the consumer product space as Target, Michael’s, Neiman Marcus, and Home Depot worked fast and furious to address breaches that led to concerns about a massive amount of credit card information possibly being “in the open.” Later in the year, we learned that corporate giants like JPMorgan Chase and Apple were not immune from cyber security breaches as still more personally identifiable information and very personal photographs were released into the public domain. Finally, as 2014 drew to a close, the entertainment industry was further rocked by the cyber-attack on Sony Corp., which led to even broader concerns about national security and terrorist threats.
Class Actions: Insurance Related Claims
by Thomas F. Segalla
Whether prosecuting or opposing a motion for class certification, within the context of insurance related claims, there are certain principles that are critical to determining the allegations that are necessary to successfully assert such claims and the nature of any challenge to a motion to certify the punitive class. As the court noted, in the case of Deborah Mahon v. Chicago Title Insurance Co.:[1]
CFTC Grants No-Action Relief to Commodity Pool Operators with Respect to Cert...NationalUnderwriter
CFTC Grants No-Action Relief to Commodity Pool Operators with Respect to Certain Insurance-Linked Securitization Vehicles
Toward the end of 2014, the staff of the Commodity Futures Trading Commission’s (“CFTC”) Division of Swap Dealer
and Intermediary Oversight (“DSIO”) issued two letters affecting insurance-linked securitization vehicles: CFTC Letter No. 14-145[1] and CFTC Letter No. 14-152.[2]
Both CFTC Letters 14-152 and 14-145, which are summarized below, afford relief from certain Commodity Pool Operator (“CPO”) compliance obligations. Although Letter 14-145 preceded Letter 14-152, the summary begins with Letter 14-152 because Letter 14-145 is a no-action letter that was issued to a specific (and anonymous) market participant and cannot be relied on by other market participants. In contrast, Letter 14-152 was addressed to the Securities Industry and Financial Markets Association (“SIFMA”) and affords industry-wide relief from CPO registration to certain entities that engage in insurance-linked securities transactions.
N.J. Trial Court Applies "Named Storm" Deductible in Superstorm Sandy Case
A New Jersey trial court has ruled that the “Named Storm” deductible applied to an insured’s claim in a Superstorm Sandy case.
The Case:
Wakefern Food Corporation, a buying cooperative of owners/operators of Shoprite and PriceRite supermarkets that purchased commercial property insurance from Lexington Insurance Company, claimed over $50 million in losses from Superstorm Sandy. Lexington paid about $22 million, and Wakefern sued the insurer.
Wakefern asserted that Superstorm Sandy was not a “Named Storm” by definition when it hit New Jersey and its losses had occurred. It asserted that when the storm hit New Jersey at approximately 8:00 p.m. EDT on October 29, 2012, the storm was not declared by the National Weather Service to be a hurricane, typhoon, tropical cyclone, or tropical depression, as its policy defined Named Storm. Wakefern pointed out that as of 5:00 p.m. EDT on October 29, 2012,
the storm already was “expected to transition into a frontal or wintertime low pressure system shortly.” Wakefern
contended that by 7:00 p.m. EDT, the National Weather Service’s National Hurricane Center (“NHC”) had declared the storm a “Post-Tropical Cyclone.” Wakefern argued that a “Post-Tropical Cyclone” was defined in the glossary of NHC terms as its own weather event and that a Post-Tropical Cyclone was a “former tropical cyclone” not a “Hurricane, Typhoon, Tropical Cyclone, Tropical Storm or Tropical Depression.”
Wisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamin...NationalUnderwriter
The Wisconsin Supreme Court ruled that standard pollution exclusions in insurance policies bar coverage for groundwater contamination resulting from the application of manure and septic waste as fertilizers. Specifically, the court found that while manure and septic waste may have beneficial uses as fertilizers, they unambiguously fall under the definition of "pollutants" in the insurance policies once they contaminate water supplies and cause damage. The ruling resolved conflicting lower court decisions on this issue. However, the court noted there may still be limitations to the pollution exclusion depending on the specific circumstances.
New York High Court Finds Lead Exposure Injuries to Children of Different Fam...NationalUnderwriter
New York High Court Finds Lead Exposure Injuries to Children of Different Families a Single Loss for Coverage Purposes
In its recent decision in Nesmith v. Allstate Ins. Co.,[1] the New York Court of Appeals ruled that lead paint exposure
injuries suffered by the children of two different families occupying the same apartment in successive periods constitute a single “accidental loss” subject to a single per-occurrence limit pursuant to the non-cumulation clause in two successive policies issued by a landlord’s insurer.
February14 IRS Valentine’s Day Words of Wisdom by Jay KatzNationalUnderwriter
The document is a collection of 14 "Valentine's Day Words of Wisdom" from the IRS that play on concepts from tax law in relation to the holiday of Valentine's Day. Each item presents a humorous or punny reference to a tax concept such as accelerated depreciation for lingerie rentals, characterizing a QTIP trust as the "tip of the iceberg", or announcing the launch of a dating website called QDOTCOM for citizens seeking non-citizen spouses. The document is intended to be lighthearted and poke fun at tax law concepts through the lens of Valentine's Day.
Discharge of Debt Income (from The Tools & Techniques of Income Tax Planning)NationalUnderwriter
Discharge of Debt Income is culled from the NEW 4th Edition of The Tool & Techniques of Income Tax Planning. It covers: When Can a Discharge of Debt Be Excluded from Gross Income?; Types of Indebtedness; Recourse v. Nonrecourse; Which Types of Debt Can Be Excluded from a Taxpayer’s Gross Income?; Which Types of Debt Can Be Excluded from a Taxpayer’s Gross Income?; and MORE.
Jay Katz, author of The Tools & Techniques of Income Tax Planning, addresses the IRS Halloween Bag of Tricks in a recent posting to his blog, Tool & Techniques World of Financial & Tax Planning.
मोदी के नेतृत्व वाली केंद्र सरकार ने नफरत फैलाने वाले भाषण पर कानूनों को मजबूत करने के लिए महत्वपूर्ण सुझावों पर विधि आयोग की 267वीं रिपोर्ट और विकसित न्यायशास्त्र (भारत के सर्वोच्च न्यायालय के निर्णय) की अनदेखी क्यों की?
The Role of Police Misconduct Attorneys in Seeking JusticeSteering Law
The Law Office of Jerry L. Steering is a law firm based in Newport Beach, California, USA, that specializes in civil rights litigation, including cases of police brutality and excessive force. Founded by attorney Jerry L. Steering in 1984, the firm has a long history of representing individuals who have been victimized by law enforcement agencies. Visit our website: https://steeringlaw.com
SiebenCarey Sponsors First Social Justice On Tap Fundraiser for the Southern ...Knowyourright
SiebenCarey was a proud sponsor of the first annual Social Justice On Tap fundraiser, organized by the Southern Minnesota Regional Legal Services (SMRLS).
The professionals who can assist the business in comprehending the EPF plan and how to implement it are EPF consultancy Service providers. They also respond to employee complaints and advise their clients of any modifications relating to the EPF Plan. Visit us at https://esipfconsultants.in
Trial Strategy: When Will a U.S. Court Assert Jurisdiction Over a Foreign Insurer?
1. The Insurance Coverage Law Information Center
The following article is from National Underwriter’s latest online resource,
FC&S Legal: The Insurance Coverage Law Information Center.
TRIAL STRATEGY: WHEN WILL A U.S. COURT ASSERT JURISDICTION
OVER A FOREIGN INSURER?
June 17, 2014 Steven A. Meyerowitz, Esq., Director, FC&S Legal
The globalization of commerce is leading to more and more situations where a U.S. company is insured by an overseas
insurance carrier. What does it take for a policyholder to be able to sue a foreign insurer in a U.S. court? A recent decision
by a federal district court in Washington illustrates the analysis that courts undertake to determine whether a foreign
carrier is subject to their jurisdiction.
The Case
Ridemind, LLC, doing business as “Transition Bikes,” was a Washington corporation that sold bicycles. Bennett Winslow
Mauzé sued Transition in a state court in Washington, alleging products liability claims relating to the injuries he allegedly
suffered while riding a bike he purchased from Transition. Transition denied liability, but contended that the frame of the
bicycle was manufactured and sold by Astro Engineering Co., Ltd., a Taiwanese company with factories in Taiwan and
Vietnam. To the extent there was any liability, Transition claimed the cause of the injuries was Astro’s negligent
manufacture and design of the frame.
In a state court in Washington, Transition sued South China Insurance, Co., Ltd., a Taiwanese insurance company located
in Taiwan, that issued a products liability insurance policy to Astro and that identified Transition as an additional insured
vendor under the policy. In its complaint against South China, Transition asserted a breach of contract claim and alleged
violations of Washington’s Insurance Fair Conduct Act (“IFCA”) and Washington’s Consumer Protection Act (“CPA”)
arising out of South China’s alleged refusal to defend and/or indemnify Transition in the lawsuit filed by Mr. Mauzé.
In addition to seeking monetary relief, Transition sought a declaration that South China was obligated to defend and
indemnify Transition for costs incurred in defending against Mr. Mauzé’s claims.
South China removed the case to federal court in Washington and then moved to dismiss for lack of personal jurisdiction.
The Court’s Decision
The court denied the insurer’s motion to dismiss.
The court first acknowledged that general jurisdiction was lacking. It found, however, that it could exercise “limited” or
“specific” personal jurisdiction over South China.
The court used the following three-part test to analyze specific jurisdiction:
(1) the non-resident defendant must purposefully direct its activities or consummate some transaction with the forum
or resident thereof, or perform some act by which it purposefully avails itself of the privilege of conducting activities
in the forum, thereby invoking the benefits and protections of its laws;
(2) the claim must be one that arises out of or relates to the defendant’s forum-related activities; and
(3) the exercise of jurisdiction must comport with fair play and substantial justice, i.e. it must be reasonable.
Call 1-800-543-0874 | Email customerservice@SummitProNets.com | www.fcandslegal.com
2. The court ruled that South China purposefully had availed itself of the benefits of Washington by issuing a Certificate
of Liability Insurance to Transition, a Washington resident. Based on that, the court said, South China was created a
continuing obligation to a forum resident. The court said that even though South China was not physically located in
Washington and did not have any physical contacts with the state, “South China willingly included a vendor’s
endorsement in its policy with Astro and the vendor’s endorsement specifically identified Transition and Transition’s
location in Washington.”
Once South China, through its agent V & C Risk Services Taiwan Ltd., issued the Certificate of Liability Insurance to a
Washington corporation, South China “could foresee that its actions would have an effect in Washington.” The court
ruled that, because the cause of action arose “out of that single intentional act,” Transition had established a prima
facie case of personal jurisdiction.
Then, the court said, to determine whether the exercise of jurisdiction comported with “fair play and substantial justice,”
it had to consider the following seven factors:
(1) the extent of the defendant’s purposeful injection into the forum state’s affairs;
(2) the burden on the defendant of defending in the forum;
(3) the extent of the conflict with the sovereignty of the defendant’s state;
(4) the forum state’s interest in adjudicating the dispute;
(5) the most efficient judicial resolution of the controversy;
(6) the importance of the forum to the plaintiffs’ interest in convenient and effective relief; and
(7) the existence of an alternative forum.
Balancing these factors, the court concluded that South China had failed to establish a “compelling case” that the
exercise of jurisdiction would be unreasonable. Accordingly, the court concluded that exercising specific personal
jurisdiction over South China was “appropriate.”
The case is Ridemind, LLC v. South China Ins. Co., Ltd., No. C14–489RSL (W.D. Wash. June 9, 2014). Attorneys involved
include: James Paul Murphy, Murphy Armstrong & Felton, Seattle, WA, Scott Haworth, Haworth Coleman & Gerstman,
LLC, New York, NY, for Plaintiff; Charles E. Haddick, Jr., Dickie, McCamey & Chilcote, PC, Camp Hill, PA, Charles C. Huber,
Gretchen J. Hoog, Lane Powell PC, Seattle, WA, for Defendant.
Call 1-800-543-0874 | Email customerservice@SummitProNets.com | www.fcandslegal.com