The New York State Insurance Department has issued a legal opinion in response to an anonymous inquiry regarding whether automobile collision repair facilities are permitted to pay part or all of an insured’s deductible.  The opinion states that such a payment does not constitute a rebate, which the N.Y. Ins. Law § 2324 prohibits, and therefore is permissible. …
Read More New York Auto Repair Shops Permitted To Fix More Than Just Autos

The Connecticut Supreme Court recently held that the State has standing to pursue a parens patriae antitrust claim for damages to its general economy against defendant insurance brokerage and consulting firms. 

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Read More Connecticut Supreme Court: State Has Standing to Pursue Parens Patriae Antitrust Claim For Damages to its General Economy

The Florida Senate Banking & Insurance Committee passed legislation last month that would reduce the state-funded reinsurance, which insurers are permitted to purchase in addition to the Florida Hurricane Catastrophe Fund coverage (Cat Fund). The measure, backed by Florida’s Chief Financial Officer Alex Sink, is designed to shed some of the state’s hurricane risk. 

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Read More Florida Senate Passes Bill to Reduce Insurers’ Catastrophe Coverage Limits

A federal district court judge in Florida recently ruled that an insurer cannot retroactively rescind a liability policy insuring underground storage tanks (“USTs”) for an alleged material misrepresentation in the policy application.  Rather, the only remedy for such a misrepresentation is the denial of coverage for future claims. …
Read More Federal Judge in Florida Rules Underground Storage Tank Policy Cannot Be Rescinded

The United States District Court for the Eastern District of California recently held that an insurer breached its duty to defend where the undisputed facts demonstrated that there was a “potential” for coverage under the policy. 

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Read More California District Court Rules That “Duty to Defend” Exists When There Is a “Potential” for Coverage

A Florida federal court recently found that, despite a mold exclusion and anti-concurrent-cause provision in the relevant commercial general liability policy, an insured was entitled to defense and indemnity for claims relating to mold infestation. 

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Read More Florida Federal Court Finds Duty to Defend and Indemnify Mold-Related Claims Despite Policy’s Mold Exclusion and Anti-Concurrent-Cause Provision

The New Hampshire Supreme Court will hear oral argument on April 30, 2008, in In the matter of the Liquidation of The Home Ins. Co., No. 2007-0794, N.H.), to consider whether the Superior Court erred in ruling that the a setoff claimed by Century Indemnity Company (“CIC”) lacked the mutuality necessary to trigger setoff under the New Hampshire Insurers Rehabilitation and Liquidation Act (the “Liquidation Act”). 

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Read More New Hampshire Supreme Court Considers Offset Issue in the Home Insurance Company Liquidation

EAPD’s New York office hosted an Insurance Federation of New York (IFNY) Breakfast on Friday, April 25, 2008 featuring New York State Assemblyman Joseph Morelle, the new Chair of the Assembly Insurance Committee. 

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Read More Chair of New York’s Assembly Insurance Committee Speaks at IFNY Event