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Searching Content indexed under Insurance by Carlton Fields ordered by Published Date Descending.
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1
Court Enforces Policy's Crumbling Foundation Plain Language In Dismissing Claims Against Insurers
A federal judge in Connecticut recently dismissed claims against insurers related to their denial of a claim by two homeowners whose home's foundation was crumbling.
United States
21 Dec 2018
2
Parent Company Guarantees Of Annuities
Rule amendments proposed in October by the SEC could impact insurers whose obligations under certain types of annuity contracts have been guaranteed by the insurers' affiliates.
United States
21 Dec 2018
3
Buffer ETFs Vs. Index-Linked Annuities
Like most ETFs, the buffer ETFs are registered with the SEC on Form N-1A as "open-end" investment companies, and they issue and redeem their shares at net asset value (NAV
United States
21 Dec 2018
4
Executive Compensation Disclosure – Partial Relief For Insurance Products
For many years, insurance company issuers of non-variable products that are registered with the SEC on Forms S-1 or S-3 have been required to disclose compensation information about highly-compensated executive officers of the issuer.
United States
21 Dec 2018
5
This Week's Florida Appeals: Week Of December 10 - 14, 2018
U.S. Eleventh Circuit Court of Appeals.
United States
20 Dec 2018
6
Court Declines To Reconsider Summary Judgment Decision In Latest Development In Ongoing Asbestos Liability Reinsurance Litigation
The Northern District of New York declined to reconsider a September 2018 decision on competing motions for partial summary judgment ...
United States
18 Dec 2018
7
Illinois Legislation Revises Laws Applicable To Captive Insurance Companies
Illinois has adopted a bill that includes a number of revisions to its laws regarding captive insurance companies.
United States
17 Dec 2018
8
D.C. Federal Court Permits Insured To Amend Complaint In Reinsurance Dispute Related To Credit Insurance Policy
A District of Columbia federal court partially granted and partially denied a reinsured's motion to amend its complaint in a dispute over a reinsurance agreement for a credit insurance policy.
United States
14 Dec 2018
9
Negligent Bad Faith? Limiting Insurance Bad Faith To Its Roots
Although frequently distinguished, an insurance policy is a contract like any other.
United States
14 Dec 2018
10
Florida Court Finds That Arbitration Agreement Broadening Judicial Review Violates Florida Public Policy
In a lawsuit brought by a contractor against a subcontractor and its insurer, Florida's Fourth District Court of Appeals found a provision in an arbitration agreement allowing for a broad ranging review of any arbitration award to be void as a matter of law and policy.
United States
12 Dec 2018
11
Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring, Training, And Supervising Claims For Failing To Prevent Intentional Torts
In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability ...
United States
12 Dec 2018
12
Real Property, Financial Services, & Title Insurance Update: Week Ending November 23, 2018
Reverse Mortgage / Statute of Limitations: as a matter of first impression, statute of limitations for enforcing reverse mortgage begins on date the note matures, notwithstanding earlier-death of borrower...
United States
10 Dec 2018
13
Real Property, Financial Services, & Title Insurance Update: Week Ending November 16, 2018
Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC
United States
10 Dec 2018
14
South Carolina Federal Court Denies Motion To Stay And Orders Insurer To Produce Documents
The background of this case is as follows. In 2014, ContraVest Inc., ContraVest Construction Co., and Plantation Point Horizontal Property Regime Owners Association Inc.
United States
30 Nov 2018
15
Is It Time To Harvest The NAIC Suitability In Annuity Transactions Model Regulation?
At the NAIC Fall 2018 National Meeting, state regulators continued plowing through the Suitability in Annuity Transactions Model Regulation (Model 275) (Suitability Model).
United States
29 Nov 2018
16
Real Property, Financial Services, & Title Insurance Update: Week Ending November 9, 2018
Real Property, Financial Services, & Title Insurance Update: Week Ending November 9, 2018
United States
23 Nov 2018
17
District Court Finds That The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards Is Not Preempted By State Law Prohibiting Arbitration Of Insurance Disputes
A district court judge in the U.S. District Court for the Eastern District of Louisiana has issued an order attempting to resolve the apparent tension ...
United States
23 Nov 2018
18
Clearing The Air: Tenth Circuit Strikes Down An Indoor Air Quality Exclusion, Citing Ambiguity
Ambiguity strikes again. While the heavily litigated pollution exclusion is well-known in the insurance world, its progeny—the indoor air exclusion ...
United States
22 Nov 2018
19
Court Upholds Decision Rendering Insurance Arbitration Provision And Delegation Clause Unenforceable For Failure To File Them With The State Insurance Commissioner
In a dispute between Low Desert Empire Pizza (Desert Pizza) and its insurers over alleged mismanagement of claims and unjustifiable cost increases related to a workers' compensation insurance program,
United States
20 Nov 2018
20
Court Invalidates Modified Arbitration Award Because It Exceeded Panel's Authority Under The Functus Officio Doctrine
An insured and its insurer were fighting over whether the insured's settlement payment in separate litigation was a covered loss and whether there was a duty to defend in the separate litigation.
United States
16 Nov 2018
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