Receiving a Consumer Financial Protection Bureau (CFPB) Civil Investigative Demand or Proposed Action, Response Request (PARR) letter is never good news. However, that news can become significantly worse if you discover, to...more
As reported by the National Post, a Montreal-based artist is suing the producer and broadcaster of the television series 30 Vies – on the basis that footage of a graffiti tag on a building which is incorporated into the...more
This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by “errors and omissions” (E&O) insurance. The series aims to demonstrate that...more
In a recent post, we discussed the reasons to mediate and how the process can be bewildering – in a Lewis Carroll sense – to first-time E&O defendants. This time I’m sharing my Top Five Tips for an effective mediation....more
Today is the first day of spring, a season of renewal. It’s spring training, spring cleaning and spring break.
Some wonderful E&O prevention and educational resources are available out there. We at Wilson Elser provide...more
The newest version of the LEED ratings system, LEED v4, has officially been released. For a comparison of the major changes between LEED 2009 and LEEDv4, check out this downloadable form from the USGBC....more
Public Risk Management of Fl. v. One Beacon Ins. Co., No. 6:13-cv-1067-Orl-31 TBS, 2013 U.S. Dist. LEXIS 150091, 2013 WL 5705575 (M.D. Fl. Oct. 18, 2013).
A Florida federal court granted a reinsurer’s motion to dismiss...more
In its recent decision in Public Risk Mgmt. of Fla. v. One Beacon Ins. Co., 2013 U.S. Dist. LEXIS 150091 (M.D. Fla. Oct. 18, 2013), the United States District Court for the Middle District of Florida had occasion to consider...more
Technology services companies should ensure that their agreements contain provisions designed to protect them in disputes with their customers. Scott & Scott, LLP attorney, Brian Von Hatten, shares several key provisions...more
In its recent decision in AXIS Surplus Lines Ins. Co. v. Halo Asset Management, LLC, 2013 U.S. Dist. LEXIS 139065 (N.D. Tex. Sept. 27, 2013), the United States District Court for the Northern District of Texas had occasion...more
The consolidation trend in hospital and health systems continues. To address perceived inefficiencies and quality of care issues, hospitals are attempting to form larger enterprises to create scale, expand geographically,...more
Wellpoint, Inc. v. Nat’l Union Fire Ins. Co., 989 N.E.2d 845 (Ind. App.Ct. Jun. 19, 2013)(Memorandum Decision – Not For Publication).
An Indiana state court of appeals affirmed a trial court grant of summary judgment...more
RECENT CASE SUMMARIES -
GOOD NEWS FOR ARBITRATORS FROM THE SUPREME COURT?
Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013).
In a non-reinsurance case, the United States Supreme Court recently...more
In Fireman’s Fund Ins., Co. v. TD Banknorth Insurance Agency, Inc., SC 18796 (Conn. 07/30/2013), the Connecticut Supreme Court answered two certified questions of first impression under Connecticut insurance law:
In This Issue:
- TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL:
In its April 24, 2013 opinion, the...more
Of recent interest to architects, engineers and owners, Governor Scott signed into law an act relating to design professionals which limit their individual liability in certain circumstances. The new statute created by this...more
Sedgwick’s Offshore Professional Risks practice offers a unique and global perspective on professional risk. As the only law firm in the world with offices in the key insurance jurisdictions of Bermuda, London and the U.S.,...more
In This Issue:
How Long Should I Keep My Insurance Policies? and Coverage Spotlight: Contract Litigation Insurance.
Excerpt from How Long Should I Keep My Insurance Policies? -
Policyholders often ask,...more
As an architect or engineer, you may be asked to sign a contract that has a requirement of adding the Owner (or Contractor, in a design-build project) to your own insurance as an “additional insured”. This is usually a fall...more
Policyholders often ask, “How long should I keep my insurance policies?” Is it three years? Seven years? The short answer is none of the above. Here are some brief recommendations regarding document retention for insurance...more
In its recent decision in K2 Investment Group, LLP v. American Guarantee & Liability Ins. Co., 2013 N.Y. LEXIS 1461, 2013 NY Slip Op. 4270 (NY June 11, 2013), New York's Court of Appeals – New York’s highest court –...more
In Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, ___F.3d ___, 2013 WL 1943338 (10th Cir. (Kan.) May 13, 2013), the United States Court of Appeals for the Tenth Circuit broadly applied the definition of...more
Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years?
The short answer is none of the above.
Here are my recommendations...more
A Connecticut federal court granted a cedent's motion to amend its complaint in a dispute with its reinsurer. The underlying dispute involves insurance brokers' errors and omissions policies and the settlement of an...more
Federal enforcement of False Claims Act (FCA), Stark anti-kickback, and HIPAA/HITECH claims against healthcare companies continues to rise rapidly. FCA recoveries by the U.S. Department of Justice (DOJ) exceeded $9.5 billion...more
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