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Searching Content from United States indexed under Insurance ordered by Published Date Descending.
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1
The Sixth Circuit Declares Tennessee's Punitive Damages Cap Unconstitutional
In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill
United States
15 Feb 2019
2
Enforcement Of Arbitration Subpoenas And Summonses
Sometimes it is necessary to obtain evidence from non-parties during a reinsurance arbitration. Yet, the Federal Arbitration Act ("FAA") ...
United States
15 Feb 2019
3
Lit Alerts—February 2019
In Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1212, Justice Kavanaugh delivered his first written opinion for the Supreme Court.
United States
13 Feb 2019
4
Insurance Data Security Model Law Picks Up Steam
Three states recently enacted variations of the NAIC Insurance Data Security Model Law (MDL-668), based on the landmark cybersecurity requirements issued by the NYDFS in March 2017.
United States
12 Feb 2019
5
Hunton Insurance Recovery Blog: Federal Court Rejects Insurer's Narrow Interpretation Of Securities Insuring Agreement And Applies Notice-Prejudice Rule To Financial Institution Bond
A federal court last month turned away an insurer's legal arguments seeking to avoid financial institution bond coverage for a bank's losses resulting from a borrower's use of forged documents
United States
12 Feb 2019
6
Even Insurance Will Be Disrupted By Autonomous Vehicles
There are long lists of industries that will be disrupted by Autonomous Vehicles.
United States
11 Feb 2019
7
Second Circuit And New York Appellate Division Decisions Affirm Pro-Arbitration Policies
In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel ...
United States
8 Feb 2019
8
Hunton Retail Law Resource: Defense Owed For Product Recall And Insured's Related Affirmative Claims
Policyholders facing any type of products liability scored a win in a recent decision from the District Court for the Northern District of Illinois.
United States
7 Feb 2019
9
Hunton Insurance Recovery Blog: Wisconsin High Court Rejects Insurer's Misuse Of "Other Insurance" Provision
In 2008, torrential rainstorms battered the Milwaukee area for two days.
United States
7 Feb 2019
10
Lightening The Load: New York Appellate Division Rejects Heightened Pleading Standard For Policyholders Seeking Bi-Economy Market Consequential Damages
In a recent unanimous decision, the Appellate Division First Department provided clarity on the pleading requirements for policyholders seeking special or consequential damages allowed under the landmark decision of Bi-Economy Market v. Harleysville Insurance Company of New York, 856 N.Y.S.2d 505.
United States
7 Feb 2019
11
Tapping Insurance To Recoup Losses Resulting From Government Shutdown
The country's longest government shutdown in history is over, at least for now, but its impact is still felt by many, including organizations experiencing multimillion dollar losses related to postponing or cancelling events during the shutdown.
United States
7 Feb 2019
12
Requests For Medical Treatment In Workers' Compensation
Let's consider the simplest possible workers' compensation scenario. An employee is injured on the job. There is a clear incident.
United States
6 Feb 2019
13
Statutory Employment In The Trucking Industry And Preventative Measures To Prevent Liability
To insulate carriers from workers' compensation liability, one option commonly utilized is contingent liability insurance.
United States
6 Feb 2019
14
Hunton Insurance Recovery Blog: Texas Supreme Court Holds Anadarko's $100m Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits
Reversing a Texas Court of Appeals decision that allowed Anadarko's Lloyd's of London excess insurers to escape coverage for more than $100 million ...
United States
6 Feb 2019
15
DFS Issues Guidance To Life Insurers On Use Of "External Data" In Underwriting Decisions
On January 18, 2019, New York's Department of Financial Services (DFS) issued Circular Letter No. 1 (2019) ...
United States
5 Feb 2019
16
EIOPA Publishes Results Of Peer Review Under Solvency II
On January 25, the EIOPA published the results of its peer review that examined how NCAs evaluated the propriety of AMSB members and qualifying shareholders between January 2016 and May 2017.
United States
1 Feb 2019
17
Part D Payment Modernization Model Aimed At Reducing Medicare's Catastrophic Phase Spending
CMS indicated that additional programmatic flexibilities will be provided to model participants.
United States
31 Jan 2019
18
Sixth Circuit Invalidates Tennessee's Punitive-Damages Cap And Holds That Punitive Damages Are Available Under Tennessee Law For Bad-Faith Denial Of Insurance Benefits
The plaintiffs in Lindenberg sued Jackson National in state court for failure to pay benefits due under a $350,000 life insurance policy.
United States
30 Jan 2019
19
Pleading Standards And Consequential Damages In Coverage Disputes
When a policyholder sues its carrier for breach of contract or bad faith, one question that arises is whether the policyholder should have to plead alleged damages with particularity ...
United States
30 Jan 2019
20
Hunton Insurance Recovery Blog: New York Appellate Court Expands Policyholders' Ability To Plead And Seek Consequential Damages
In a huge win for policyholders, a New York appellate court, in D.K. Property, Inc. v National Union Fire Insurance Company of Pittsburgh, Pa., held that an insured need not provide a detailed factual description...
United States
30 Jan 2019
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