The Court of Appeals of Texas recently held that a third-party claimant does not have standing to assert claims against a commercial general liability insurer.
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California Appellate Court Issues Bad Faith Duty to Settle Opinion
On October 7, the California Court of Appeal, Second Appellate District, held that a liability insurer, in the absence of any demand or settlement offer from a third party claimant, need not initiate settlement negotiations or offer its policy limits, even where liability is clear and there is a substantial likelihood that the third party claimant’s recovery will exceed policy limits. …
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Massachusetts Issues Bulletin Permitting Producers to Charge Fees
On October 4, 2013, the Massachusetts Division of Insurance issued Bulletin 2013-09 (the “Bulletin”). Pursuant to the Bulletin, it is now permissible for producers and surplus lines brokers to charge fees to policyholders in addition to receiving commissions from insurers if:…
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Please Join Us – Edwards Wildman’s 2013 ILS Roundtable: The Convergence of Insurance and the Capital Markets – Complimentary Seminar – October 30, 2013
October 30, 2013
8:30 AM EST
Edwards Wildman Palmer LLP
750 Lexington Avenue, 8th Floor
New York, NY 10022 …
Read More Please Join Us – Edwards Wildman’s 2013 ILS Roundtable: The Convergence of Insurance and the Capital Markets – Complimentary Seminar – October 30, 2013
CA Update: Sponsors Drop Privacy Ballot Initiative
According to media reports, sponsors of a ballot initiative to add significant privacy rights to the California constitution, as reported here, have now dropped the initiative. …
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Massachusetts Federal Court Dismisses Suit Seeking to Hold Carrier Liable for Cost of Bond After Exhaustion of Policy Limit
A Massachusetts federal court dismissed a coverage lawsuit against a liquor liability insurer, holding that the “supplementary payments” clause in its policy did not require the carrier to furnish a bond to discharge an attachment against the insured’s liquor license. The court agreed that, because the carrier had already paid out its entire limit of liability, it had no obligation to pay either pre-judgment interest or the cost of the bond. …
Read More Massachusetts Federal Court Dismisses Suit Seeking to Hold Carrier Liable for Cost of Bond After Exhaustion of Policy Limit
Massachusetts Appeals Court Issues Duty to Defend Opinion
Last month, in Utica Mut. Ins. Co. v. Amity Ins. Agency, 84 Mass App. Ct. 1111 (Mass. App. Ct. 2013), available here, the Massachusetts Appeals Court issued a favorable decision to an E&O insurer in a duty to defend case. …
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CA Residents to Decide on Constitutional Privacy Rights
More major privacy and data protection developments are in the works in California, following three significant new laws reported here. On September 25, 2013, the California Secretary of State approved steps required to bring before state residents a ballot initiative entitled the Personal Privacy Protection Act (the “Act”). …
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Developments in D&O Insurance: Increased Demand from Nonprofit Organizations
D&O insurance has long insulated directors and officers of public companies from potential liability. Increasingly, however, board of nonprofit organizations and private companies are looking at D&O insurance for similar protection. …
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Willis Fortune 1000 Cyber Disclosure Webinar
October 16, 2013
2:00 PM EST
PLEASE JOIN US FOR A WEBINAR TO DISCUSS THE D&O AND CYBER RISK IMPLICATIONS OF RECENT DISCLOSURES BY PUBLIC COMPANIES WITH RESPECT TO THEIR CYBER RISKS. …
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