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Real Property, Financial Services & Title Insurance Update: Week Ending February 20, 2015

REAL PROPERTY UPDATE - Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....more

Eighth Circuit Applies Compulsory Insurance Doctrine to Save Northwest: What Will Save You?

The Eighth Circuit Court of Appeals recently handed down a decision in Northwest Airlines, Inc. v. Professional Aircraft Line Serv. that, although unique in its specific facts and holding, highlights the problems that may...more

“OCEAN VICTORY” – Court of Appeal Decision

In Gard Marine & Energy Ltd v China National Chartering Co Ltd (Rev 1) [2015] EWCA Civ 16, the Appellant sub-charterers appealed the 2013 judgment of Teare J....more

What Are the Barriers to Autonomous Vehicles? The Answers May Surprise You…

Foley hosted Drive Forward: The Future of Telematics on January 14 and undoubtedly, our speakers agreed – the connected car is here to stay with technology rapidly advancing towards the integration of autonomous vehicles....more

“Brillante Virtuoso” held to have been a Constructive Total Loss

The High Court recently held that the “Brillante Virtuoso” (the “Vessel”) was a constructive total loss (“CTL”) following an attack by pirates in July 2011. Mr Justice Flaux made important key findings in the CTL claim, which...more

LITIGATION ALERT: The Motor Carrier Act/MCS-90 Endorsement Duty to Defend When No Coverage Exists?

Under the Motor Carrier Act of 1980 ("the Act"), no motor carrier shall operate a motor vehicle unless the carrier has obtained minimum levels of financial responsibility through insurance or other forms for bodily injury or...more

Piracy, Kidnap & Ransom: UK Bans Ransom Payments by Insurers

On 26 November 2014 the British Home Secretary introduced the Counter-Terrorism and Security Bill (the Bill) to Parliament, part of which deals specifically with prohibiting the payment of insurance claims in respect of...more

Auto Coverage for UberX Drivers Meets SC Requirements According to SCDOI

In July 2014, UberX, a ridesharing service, expanded into South Carolina, offering transportation in four of the state’s major urban areas – Columbia, Charleston, Myrtle Beach, and Greenville. UberX’s transportation service...more

New California Law Sets the Stage for Insurance Regulation of Uber, Lyft

The emergence and success of ridesharing companies has sparked questions and debates over the gaps in insurance coverage created when private drivers offer commercial driving services. Ridesharing companies – such as Lyft,...more

Dealing With Shipping Companies: A Consistent Challenge for Manufacturers/Distributors

One of the most important things for a manufacturer/distributor is ensuring that its products are shipped in a reliable fashion so they arrive on time and in good condition. Similarly, manufacturers rely heavily on shipping...more

What Needs To Be Shared About the “Sharing Economy”

The sharing economy (sometimes also referred to as the peer-to-peer economy) is a socio-economic system built around the sharing of human and physical resources. The idea is nothing new - humans have engaged in the business...more

English Appellate Court Dismisses Appeal Of Judgment Declaring No Liability Under A Cargo Liability Reinsurance Policy

A judgment found that certain Lloyd’s reinsurers were not liable to cover the destruction of cargo on board a vessel that capsized in the Philippines during a Typhoon. The trial court relied on a typhoon warranty clause...more

"The Emergence of Uber, Lyft and Sidecar in North Carolina: An Overview of Key Legal Distinctions Between Digital Dispatch...

By now, most people have at least heard of Uber, Lyft, Sidecar and other modern taxicab alternatives, even if they have not experienced for themselves the innovative services that enable customers to virtually “hail a ride”...more

CPUC Wants To Revisit Rideshare Insurance Regulations, — to the Chagrin of Lyft and Uber

The California Public Utilities Commission is looking to reconsider the regulations it set in 2013 on the issue of insurance coverage for rideshare companies that connect drivers and passengers via their mobile devices. The...more

Insurance and Reinsurance Newsletter: Claims Settlement: English Commercial Court Considers Lead Underwriter's Duties To Following...

In San Evans Maritime Inc and others v Aigaion Insurance Co SA1, the English Commercial Court considered whether the following underwriter was obliged to follow the settlement of the lead underwriter on one policy, in...more

Florida Business Litigation Update: The Carmack Amendment Preempts Virtually Everything

The Carmack Amendment to the Interstate Commerce Act established a uniform national policy for interstate carriers’ liability for property loss. 49 U.S.C. § 14706. Under Carmack, while a carrier is generally liable for the...more

Placing Your Aircraft with an Aircraft Charter-Management Company

The management, operation and maintenance of a business aircraft is a complex and expensive undertaking. Although some aircraft owners may be able to hire experienced pilots and mechanics, a good charter-manager brings...more

Is That Covered? Tanker Fire

On May 9, 2013, a tanker truck carrying thousands of gallons of diesel fuel, overturned and caught on fire on a ramp near Interstate 81 and route 322 in Harrisburg....more

Staying Afloat Through the Flood: Contingent Business Interruption Insurance May Pay for Losses Caused by Supply-Chain Disruptions

Originally published in The Corporate Counselor - July 20, 2011. The Mississippi River floods in Spring 2011 proved to be among the largest and most damaging along the U.S. waterway in the past century, rivaling the...more

Sanctions Update Part 2

This is a two part sanctions update. In Part One we look at a Court of Appeal judgment delivered last week which has implications not only for the insurance market, but also for any industry which trades or transacts with a...more

Weekly Law Resume - May 5, 2011: Interstate Transport - Carmack Amendment In Absence Of Declared Value, Carrier Liability for Lost...

Pacific Indemnity Company v. Pickens Kane Moving & Storage Ninth Circuit Court of Appeals (April 20, 2011) The Carmack Amendment, 49 U.S.C. § 14706, regulates the liability of shippers and carriers for household goods...more

What Does That Sign Say? No Coverage for Defective Street Signs

U.S. District Court for the Western District of Texas In Admiral Ins. Co. v. H&W Indus. Services, Inc., 2011 WL 318277 (W.D. Tex. February 1, 2011), the U.S. District Court for the Western District of Texas held that a...more

Court of Appeal clarifies issues relating to Marine Insurance, Piracy, and the treatment of Ransom Payments as a matter of English...

Masefield AG v Amlin Corporate Member Ltd [2011] EWCA 24 The Facts The vessel "BUNGA MELATI DUA" was captured in the Gulf of Aden by Somali pirates, while carrying cargo belonging to the Claimant. Negotiations for the...more

RS Shipping Bulletin - January 13, 2011

Covered In This Issue 1 ARBITRATION . . .3 1 . 1 HIGH COURT CONSIDERS THE STANDARD OF PROOF REQUIRED IN AN APPLICATION TO APPOINT AN ARBITRATOR UNDER SECTION 18 ARBITRATION ACT 1996 . . .3 1 . 2 BY ENDORSING A COA AS...more

INCOTERMS 2010 – What you need to know (Part 3)!

This third and final part of the INCOTERMS series of Client Alerts looks at the new "D-Terms" - DAP and DAT - created by INCOTERMS 2010. DAF, DES and DDU replaced by DAP: Delivered at Place DAP replaces what were...more

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