News & Analysis as of

Insurance Industry Third-Party

Cozen O'Connor

Claims Notes: June 2024

Cozen O'Connor on

The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more

Frantz Ward LLP

Sixth Circuit Revives an Equitable Claim for Disgorgement Under ERISA Where an Insurer Obtained Reimbursement is Not Set Forth in...

Frantz Ward LLP on

In Patterson v. United Healthcare Insurance Company, 76 F.4th 487 (6th Cir. 2023), the Sixth Circuit held that the plaintiff insured had stated an equitable claim for disgorgement under ERISA where he sought disgorgement of...more

Rivkin Radler LLP

A Legal Update for the Title Insurance Industry

Rivkin Radler LLP on

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more

Fenwick & West LLP

NAIC Forms Third-Party Data and Models Task Force and Proposes 2024 Charges and Work Plan

Fenwick & West LLP on

At the recent National Association of Insurance Commissioners (NAIC) meeting in Phoenix, Arizona (March 14–18), a new Third-Party Data and Models Task Force (Task Force) was created. The charges of the Task Force are twofold....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mitigating Risks in Generative AI Integration: The Importance of Indemnification Provisions

In today’s rapidly evolving technological landscape, the integration of generative AI (“GAI”) has become increasingly prevalent across various professions and industries. From enhancing customer experiences to streamlining...more

Lowenstein Sandler LLP

High Court Should Maintain Insurer Neutrality In Bankruptcy

Lowenstein Sandler LLP on

A recent Expert Analysis article penned by Frank Perch, "High Court Should Endorse Insurer Standing In Bankruptcy," advocates for the U.S. Supreme Court, in Truck Insurance Exchange v. Kaiser Gypsum Company Inc., to adopt a...more

Rivkin Radler LLP

The Title Reporter: A Legal Update for the Title Insurance Industry -Winter 2024

Rivkin Radler LLP on

Here is what we cover in this issue of Title Insurance Update Winter 2024: •The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Florida, has ruled...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: NAIC Releases Draft Model Bulletin Regarding Use of AI by Insurers

In July, the Innovation, Cybersecurity and Technology Committee of the National Association of Insurance Commissioners (NAIC) released an exposure draft of its model bulletin titled “Use of Algorithms, Predictive Models, and...more

Fenwick & West LLP

NAIC Considers Use of and Reliance on Third-Party AI Systems

Fenwick & West LLP on

At the recent National Association of Insurance Commissioners (NAIC) meeting in Seattle (August 12 – 16), the newly unveiled exposure draft of the proposed NAIC Model Bulletin “Use of Algorithms, Predictive Models, and...more

Pillsbury - Policyholder Pulse blog

Subrogation 101 (and Why Should I Care?)

What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation? “Subrogation” refers to the act of one person or party standing...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

Rivkin Radler LLP on

The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more

Farella Braun + Martel LLP

A Promise To Pay Is Just That: Two Courts Reject Insurers’ Bids To Escape Their Coverage Obligations by Complaining About Third...

An insurer in Washington could not eliminate its coverage obligation based on its insured’s recovery from a third party. T-Mobile USA, Inc. v. Steadfast Ins. Co., et al., No. 82704-9-I, 2022 WL 17246715 (Wash. Ct. App., Nov....more

Wiley Rein LLP

Court Finds Business Interruption Coverage for Losses Resulting From Fraudulent Email Scheme

Wiley Rein LLP on

A Minnesota federal district court has held that a software company is entitled to coverage for losses related to diverted billing emails under its business interruption coverage, rejecting the insurer’s argument that the...more

Bradley Arant Boult Cummings LLP

Beware of New Insurance Disclosure Requirements for Defendants in New York Litigation

On December 31, 2021, New York imposed draconian new insurance disclosure requirements on defendants in New York state courts when Gov. Kathy Hochul signed the Comprehensive Insurance Disclosure Act (Senate Bill 7052) into...more

Rivkin Radler LLP

Insurance Update - January 2022

Rivkin Radler LLP on

Cases discussed in our January Insurance Update answer these questions: •A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more

Jackson Lewis P.C.

California Legislation Signed To Extend Exemptions From AB 5 For Certain Industries

Jackson Lewis P.C. on

Governor Newsom has signed Assembly Bill 1561 (AB 1561) to extend the sunset dates on the exemptions granted to licensed manicurists and construction trucking subcontractors from the provisions of Assembly Bill 5 (AB 5). AB 5...more

Snell & Wilmer

Colorado Supreme Court Holds Insurers Are Not Entitled to Intervene Where Insured Assigns Its Rights to Third Party

Snell & Wilmer on

In a 4-3 decision in Auto-Owners Insurance Co. v. Bolt Factory Loft Owners Association, Inc., the Colorado Supreme Court held that an insurer who is defending under a reservation of rights is not entitled to intervene where...more

Alston & Bird

New York and Illinois Regulators Recommend Third Party Cybersecurity Review For Specific Vulnerabilities

Alston & Bird on

This month, the Illinois Department of Insurance issued guidance to insurers recommending assessments in response to a Microsoft Exchange vulnerability, detailed in the guidance. In the Bulletin dated May 5, the Department...more

Hinshaw & Culbertson LLP

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - COVID-19 Claims - April 22nd, 12:00 pm - 1:00...

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more

White and Williams LLP

District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer

A primary insurer has a duty of good faith to an excess insurer to attempt to negotiate a settlement with a third-party claimant within the primary insurer’s limits. However, determining whether that duty of good faith was...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

McGlinchey Stafford on

Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Rivkin Radler LLP

Insurance Update - November 2020

Rivkin Radler LLP on

Our November Insurance Update touches upon some novel issues. •Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy? •Must a workers’...more

White and Williams LLP

First-Dollar Risk Allocated to the Insured Is Not Subject to the Made Whole Doctrine

White and Williams LLP on

Pursuant to the equitable made whole doctrine, where there are limited funds available, an insurer cannot pursue subrogation until the insured has been made whole – i.e., fully compensated – for its injuries. In City of...more

BCLP

Countdown to the CCPA: Does cyber insurance cover a data breach?

BCLP on

When the California Consumer Privacy Act (“CCPA”) takes effect in January 2020, California will become the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages of...more

Maynard Nexsen

Insurance Policy Notice and Cooperation Clauses Survive Challenge

Maynard Nexsen on

South Carolina’s courts have long and consistently articulated that insurance policies are contracts, governed by the general rules of contract construction. Our courts have just as consistently held that insurers may include...more

53 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide