Carlton Fields Jorden Burt

Vermont Revises Credit For Reinsurance Regulation

The Vermont Department of Financial Regulation recently amended its regulation pertaining to credit for reinsurance. As we detailed on June 16, 2015, the amendment follows a proposal issued by the Department of Financial…more
| Commercial Law & Contracts, Insurance

Food for Thought: FDA Approves Genetically Engineered Salmon

On November 19, the U.S. Food and Drug Administration approved genetically engineered (GE) salmon for consumption as food. AquaBounty Technologies, Inc. filed an application with the FDA for the approval of AquAdvantage Salmon,…more
| Agriculture, Consumer Protection, Science, Computers, & Technology

Court Finds That Follow The Fortunes Doctrine Does Not Apply To Claims Against A Reinsurance Program’s TPA, But Dismisses Suit Against It On Other Bases

A New York federal district court recently held that the follow the fortunes doctrine does not govern certain claims brought against a third-party administrator of a reinsurance program, but otherwise granted the administrator’s…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 13 & 20, 2015

REAL PROPERTY UPDATE - Property Damage/Breach of Contract: insurer failed to prove that it provided insured with notification of its right to mediate at the time insured made his claim pursuant to Florida Statutes, Section…more
| Business Torts, Commercial Law & Contracts, Insurance, Real Estate - Commercial, Real Estate - Residential

Second Circuit’s Policy Language Interpretation Leaves Insurer Down in the Dumps

So this dump truck can’t make it through an overpass on I-90; the crash knocks the dump box off the truck and into the road. Five minutes later (or 30 seconds, if you believe some people), along comes Mr. Itzkowitz, with his…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Insurer’s Action To Arbitrate Stayed In Lieu Of Earlier-Filed State Court Coverage Action

An Illinois federal court recently stayed an insurer’s petition to compel arbitration of a dispute with its policyholder, finding that abstention in favor of an earlier-filed suit involving the parties was appropriate under the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Insurance, Toxic Torts

Courts Consider Definition of Autodialer and Standing under the Telephone Consumer Protection Act after FCC Ruling

In July, the FCC issued its omnibus ruling responding to 21 petitions seeking exemptions or clarification of certain provisions of the Telephone Consumer Protection Act (TCPA). The ruling addresses the statutory definition of an…more
| Communications & Media Law, Consumer Protection, Privacy

How to Properly Join in a Co-Party’s Brief or Motion to Avoid Waiver Issues

Joining in a co-party’s brief or motion can be cost effective, but the careful litigator should make sure to explain to the court how the other party’s arguments apply to your client. Failure to do so may result in waiver, as a…more
| Civil Procedure

NY Insurance Law 3420(d)(2) Is Strictly Enforced

It is of paramount importance that liability insurers doing business in New York be aware of the heightened disclaimer obligations applicable to claims implicating Insurance Law § 3420(d)(2). The statute, which applies to bodily…more
| Commercial Law & Contracts, Insurance

Texas Court Affirms Arbitration Award In Law Firm Fee Row

A Texas district court denied Curtis International, Ltd.’s (“Curtis”) counter-motion to vacate an arbitration award in a row over attorney and expert witness fees and expenses. Curtis, a manufacturer and distributor of…more
| Alternative Dispute Resolution (ADR)

Court Compels Arbitration But Refuses To Stay Parallel State Action

The district court of South Carolina granted National Home Insurance Company’s (“National”) motion to compel arbitration in a dispute over new home defects. Home Buyers Warranty Corporation (“HBW”) manages a program for home…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Court Lays Out Various Guidelines For Asserting Privilege In Insurance And Reinsurance Related Discovery

The court considered the various privilege assertions of both the insurers (plaintiffs) and the insureds (defendants) in a multi-insurer insurance litigation. In analyzing varying categories of documents, including subsets of…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Sixth Circuit Clarifies Prior Reversal Of An Order That Had Vacated Arbitration Award As A Manifest Disregard Of The Law

After an arbitrator ruled that indemnification agreements between an acquiring company and certain former directors and trustees of employee stock ownership plans, were void under ERISA, the district court vacated the…more
| Alternative Dispute Resolution (ADR), Finance & Banking, Labor & Employment Law

Wall-to-Wall Ads: Florida Court’s Broad Definition of “Advertisement” Expands Scope of Advertising Injury Coverage

“Advertising injury” can be tricky. In theory, the term applies to the type of harm that can be inflicted through advertising media—defamation, disparagement, violation of privacy rights or misappropriation of intellectual…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Insurance

Companies, Through Best Practices, Can Help Keep Cyber Insurance Prices Reasonable

In speaking to a cybersecurity conference in 2012, then FBI Director Robert Mueller told attendees that there are only two types of companies: those that have been hacked and those that will be. Sadly, with each passing day,…more
| Commercial Law & Contracts, Consumer Protection, Insurance, Privacy, Science, Computers, & Technology
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4221 W Boy Scout Blvd., Suite 1000
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