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"Peer-To-Peer" Insurance: A Grassroots Revolution?
Lavery Lawyers, July 2016

After the hospitality sector, transportation of passengers and corporate financing, insurance could be the next sector to see its business model influenced by the sharing economy. In the past few years, numerous start-up companies have launched businesses in "peer-to-peer" ("P2P") insurance on risksharing platforms, claiming to reduce bureaucracy and costs, and insure risks not covered by the traditional markets...

$8 Million Awarded to a Quadriplegic Hockey Player: The Court of Appeal Confirms the Superior Court's Decision
Lavery Lawyers, May 2016

Last May 2, the Court of Appeal granted a motion to dismiss an appeal against a significant decision in the area of civil liability in the context of the practice of a sport.1Decision at trial2 The facts in the case date back to October 3, 2010. A few seconds after the start of a hockey game between two junior teams, the plaintiff, Andrew Zaccardo, was violently body checked from behind by the defendant Ludovic Gauvreau-Beaupré, a player on the opposing team...

“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions
Spilman Thomas & Battle, PLLC, May 2014

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the employee receives the “accommodation,” but never recovers enough to resume performing the essential job functions...

3 Weeks Left: Is Your Business Ready for HIPAA Compliance?
Spilman Thomas & Battle, PLLC, March 2017

The September 23, 2013 deadline for covered entities, business associates and their subcontractors to implement the new HIPAA rules is approaching quickly. In case you missed it, on January 25, 2013, the U.S. Department of Health and Human Services issued an omnibus final rule modifying the Health Insurance Portability and Accountability Act of 1996...

5 Insurance Insolvency Tips for Corporate Policyholders
Lowenstein Sandler LLP, July 2015

Corporations buy insurance for protection against certain risks and liabilities. Often, after the insurance is purchased, policyholders do not give another thought to whether their insurance companies will remain in existence as solvent entities when a claim is asserted, or whether they are prepared to take the steps necessary to protect what is left of their insurance asset should the insurer go “belly up...

A Checklist for Victims of Napa/Sonoma Fires: Recovering from Your Insurance
Haynes and Boone, LLP, October 2017

The purpose of this alert is to provide victims of the Napa/Sonoma fires a checklist to use when seeking recovery from their insurance companies. Property Insurance policies may provide coverage for damage to both your property and your business. Business losses can result from a variety of causes, all of which may be covered under a property policy...

A Corporate Counsel's Guide to the Basics and Trends in D&O Insurance
Haynes and Boone, LLP, April 2002

Introduction Today--more than ever--corporate management is under attack. In the wake of the Enron debacle, corporate decisions are more carefully scrutinized, and the conduct of the company’s directors and officers are now constantly under the watchful eyes of investors, creditors, and government regulators...

A decision “of interest” from the Court of Appeal of Québec
Lavery Lawyers, May 2012

The notion of insurable interest is funa mental to insurance law as it is at the very heart of the validity of this contract. The lack of insurable interest leads to the nillity of the insurance policy and justifies the insurer's refusal to indemnify its insured1. In a decision rendered on March 2, 2012, the Court of Appeal upheld a judgment of the Superior Court2, where an insurer refused to indemnify the insured, raising its lack of interest in the property3...

A Disease Contracted During Activities of Everyday Life is Not an Accident!
Lavery Lawyers, March 2010

FACTS Mr. Gibbens, the insured, became a paraplegic following an inflammation of his spinal cord. This inflammation was caused by the herpes HSV-2 virus, contracted during unprotected sexual intercourse with three different women in January and February 2003. A diagnosis of viral infection was confirmed on February 17, 2003. Mr. Gibbens’s condition deteriorated rapidly and, on February 23, 2003, he became paraplegic...

A Florida Appeals Court Reverses a Decision in Favor of Homeowners’ Insurer, Finding Issues of Fact About Whether Earth Movement, an Excluded Peril, Played a Part in a Home’s Damage
Hunton Andrews Kurth LLP, November 2007

In Castillo v. State Farm Florida Insurance Co., No. 3D06-2874 (Fla. Dist. Ct. App. Oct. 17, 2007), the Court of Appeal of Florida, Third District, reversed a decision granting summary judgment in favor of an insurer, finding issues of fact about whether earth movement, an excluded peril under a homeowners’ insurance policy, played a part in a dwelling’s damage from nearby blasting...

A Full 180 -- The West Virginia Supreme Court of Appeals' New Position on Liability Insurance and Defective Workmanship
Spilman Thomas & Battle, PLLC, March 2017

Since 1965, the West Virginia Supreme Court of Appeals has consistently held that defective workmanship that caused bodily injury or property damage did not constitute an “occurrence” under a policy of commercial general liability insurance, and therefore the insurer was not obligated to pay for the damage or tender a defense. See McGann v. Hobbs Lumber Co., 150 W. Va. 364, 145 S.E.2d 476 (1965)...

A Georgia Appellate Court Holds that General Liability Insurer Owes No Defense Where Underlying Suit Fails to Allege Misappropriation of Advertising Ideas
Hunton Andrews Kurth LLP, December 2007

A Georgia intermediate appellate court has affirmed summary judgment in favor of an insurer, holding that there can be no “advertising injury” coverage under a commercial general liability insurance contract where an underlying lawsuit concerning division of profits from a joint copyright work fails to allege a misappropriation of advertising ideas. James C. Shafe, et al. v. American States Insurance Co., No. A07A0879, 2007 Ga. App. LEXIS 1193 (Ga. App...

A KINGLY DECISION: Insurance Coverage Is in the Eye of the Insured Beholder
Haynes and Boone, LLP, June 2002

State Bar of Texas Insurance Law Section Annual CLE Program Introduction For the last several years, a dark cloud has hung over Texas policyholders seeking coverage for claims made against them for negligence but arising from the intentional conduct of others. Perhaps no other group has endured this storm more than employers who by their “deep pocket” status have routinely been hailed into court for the intentional acts of those they employ...

A Lawyer’s Freedom of Expression : There Is A Limit To What One Can Say
Lavery Lawyers, February 2010

With regard to the professional obligations of a lawyer, is it possible outside the physical confines of the tribunal to let a judge know exactly what he thinks of him? Should the response be negative, does it not unduly restrain his right to freedom of expression otherwise guaranteed to all by virtue of the charters of rights and freedoms? This is the question to which the Court of Appeal had to respond recently by rendering judgment in the case of Doré v...

A Long Arm And Short Leash For Coverage Territory Clauses
Hunton Andrews Kurth LLP, May 2015

When purchasing liability insurance coverage, it is naturally important to assess the scope of the coverage offered in the various proposed policy forms. In evaluating the scope of coverage, policyholders and their counsel often focus on the scope of liability policies’ insuring agreements and any potentially applicable exclusions. However, this should not be the end of the analysis...

A Vignette of Lingering Affordable Care Act Considerations
Spilman Thomas & Battle, PLLC, March 2017

Despite the highly publicized announcement that enforcement of the “Pay-or-Play” mandate (which requires businesses to provide health insurance to all full-time employees or face yearly penalties of up to $3,000 per employee) has been delayed until 2015, important considerations remain for businesses and consumers about how they will ultimately be affected by the Affordable Care Act...

ACA Open Enrollment #1 in the Books
Spilman Thomas & Battle, PLLC, March 2017

  With the first annual Affordable Care Act open enrollment in the books (although the end of open enrollment is still something of a moving target – more on that later), everyone is examining, discussing, applauding and challenging the numbers. And there are a lot of numbers to consider: How many people signed up for health insurance coverage during open enrollment? How many of them went into Medicaid? How many of them are young, healthy people vs...

Additional Insights on Force Majeure Under Texas Law
Haynes and Boone, LLP, March 2020

As individuals, businesses, and governments continue to take actions to mitigate or contain the worldwide impact of the novel coronavirus (COVID-19), it is likely that performance of contracts agreed to long before the emergence of the pandemic will become difficult, if not entirely impossible...

Advice to Cyber Insurance Buyers: You Are Not Alone
Lowenstein Sandler LLP, May 2017

One of the first steps in the underwriting process requires the company to submit an application to the insurer. The application will seek baseline information about the company’s size, number of records maintained, type of information maintained, security policies and procedures, and disaster planning. The company’s ability to answer those questions with complete and detailed information is critical...

After the Storm: Seven Tips to Preserve Coverage for Winter Storm Jonas-Related Losses
Lowenstein Sandler LLP, January 2016

After dropping more than two feet of snow this past weekend on several major cities and bringing the East Coast from North Carolina to New York to a standstill, Winter Storm Jonas lived up to its nickname, “Snowzilla.” Predictions already are coming in as to the amount of damages caused by the storm. One reinsurance broker, Aon Benfield, predicted that the storm was likely to cause multibillion-dollar losses...

All Stop: Ruling on the Applicability of Exclusion to BIPA Claims Delayed
Dykema, March 2019

The fallout from the Illinois Supreme Court’s January 25, 2019, opinion in Rosenbach v. Six Flags Entertainment Corp., 19 IL 12316, continues.Rosenbach settled the dispute of who qualifies as an “aggrieved person” under the Illinois Biometric Information Privacy Act (“BIPA”), and in doing so opened the floodgates for this litigation to proliferate...

AMF Investigations: The duty to answer an investigator and his jurisdiction to rule on objections
Lavery Lawyers, July 2012

The Securities Act [SA] allows the Autorité des marchés financiers [the “AMF”] to order investigations to ensure compliance with the SA and to repress contraventions which may be committed1. This is the context in which the Court of Appeal handed down a decision2 on June 22, 2012 going to the very heart of the role played by the AMF’s investigators and the scope of their powers during examinations conducted in connection with an investigation...

An American Abroad: The Divergent Worlds Of U.S. And U.K. Insurance Arbitrations, Mealey’s International Arbitration Report
Hunton Andrews Kurth LLP, January 2014

Introduction - Rooted in the common beginnings, the American and United Kingdom legal systems are cousins with may similarities. As with most relatives perched on opposing branches of a family tree, however, there are numerous and significant differences. One example of how the two legal systems diverge exists in the realm of insurance arbitration. This article focuses on some of the procedural and substantive concerns that arise in arbitrating insurance disputes in the U.K...

An Attorney’s Guide to the Basics and Trends in D&O Insurance
Haynes and Boone, LLP, June 2002

Dallas Bar Association Tort and Insurance Practice Section Today-more than ever-corporate management is under attack. In the wake of the Enron debacle, corporate decisions are more carefully scrutinized, and the conduct of the company’s directors and officers are now constantly under the watchful eyes of investors, creditors, and government regulators...

An Overview of Legal Issues Facing Insurers in China
Deacons, September 2008

The Chinese insurance market has grown considerably after China’s accession to the World Trade Organization (WTO) in 2001. For example, China’s annual premium income has increased from 210.9 billion yuan in 2001 to 703.6 billion yuan in 2007 and for the first half of 2008 insurers in China have collected premium income of 561.79 billion yuan which exhibits continuing growth...

 

 

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