Several recent court decisions relating to insurance are discussed. They include: 1. Lamar Homes, Inc. v. Mid-Continent Casualty Co., 2. Catholic Mutual Relief Society v. Superior Court, and 3. Nicolaou v. Vermont Mutual Ins. Co.
... COVERAGE OPINION REJECTING COMMON INSURER DEFENSES AND FINDING STATE "PROMPT PAYMENT OF CLAI... in states like Arizona, California, Florida, Nevada, and, of course, Texas. Construction defec... significant statutory penalties for violation, raises the stakes for insurers that "guess wrong"... economic-loss rule limits the plaintiffs' remedy to a contract claim that the CGL does not cover." ... it's unclear whether homeowners would even notice a cost increase in the multitude of factors that g...LEXIS 8917 at *3. Pursuant to normal civil litigation procedure, the parties were expected to...
This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...
... a half years of his prison sentence at a Florida minimum security camp located not far from his for... law), other intentional torts, and violations of various criminal laws. Effective disciplinary r... to them and which the officers have notice that the directors would want.58 Without receipt o... of public companies also may attempt to remedy management's fiduciary duty breaches by litigating....197 But the defendant corporation and its insurer fund the settlements.198 Individual defendants rar...
... of the Constitution during the post-Civil War Reconstruction period resulted in a fundamenta... inform the United States authorities of violation of its laws. Earlier, in a decision not mentioned..., as discussed in detail below, include notice, opportunity for hearing, confrontation and cross-... that "the great office of statutes is to remedy defects in the common law as they are developed. .... Further, foreign casualty and surety insurers were not deprived of due process by a Virginia law... Similarly, Florida was held to possess constitutional authority to pr...
... of the policy relationship between the insurer and the insured." Union Labor Life Ins. Co. v. ... federal policy of exclusivity in ERISA's civil enforcement provisions located at 29 U. S. C. § 1... for creating the kind of alternative remedy that this Court disparaged in Pilot Life, one th...Butterworth of Florida, Earl I. Anzai of Hawaii, Steve Carter of Indi... equitable relief (i) to redress such violations or (ii) to enforce any provisions of this subchapt... employee benefit plan to "provide adequate notice in writing to any participant or beneficiary whose...
...'' and is therefore exempt from the notice-and- comment requirements of 5 U.S.C. 553 under 5 ...addresses incident violations. reporting requirements for offshore operations th...Subpart N--Outer Continental Shelf (OCS) Civil Penalties. Retained in both bureaus in its entiret...Offshore Florida. Sec. 256.90 Which leases may Moved to BOEM,. Thi...This section may MMS take to remedy denial entirety in. addresses open and of open an... only insurance certificates issued by insurers that have achieved a ``Secure'' rating for claims ...
...Because this notice was late under the policy terms, UNUM advised Ward...Ward filed this suit under ERISA's civil enforcement provision, 29 U. S. C. § 1132(a), to ...'s "notice-prejudice" rule, under which an insurer cannot avoid liability although the proof of claim...Butterworth of Florida, Thurbert E. Baker of Georgia, Margery S. Bronster... concerned the consequences of a court's violation of a statecreated notice provision in the context ... § 502(a) was modeled on the exclusive remedy provided by § 301 of the Labor Management Relatio...
...PART I: CIVIL JUSTICE ALTERNATIVES FOR COMPENSATING THE BP OIL S... Damages as the Paradigmatic Crimtort Remedy 2. Crimtorts' Procedural Justice Framework 3. Unre... beaches in Mississippi, Alabama, and Florida." (9) The oil spill "closed a third of the Gulf's ... Catastrophe Response and Innovation First Notice to adjust claims and handle claims intake. BP disb..., gross negligence, negligence per se, violation of the Oil Pollution Act of 1990, and nuisance (pr... entity, such as a major corporation or insurer." Id. at 1022. . (329.) But see Koenig & Rustad, s...
In this Article I examine “medical tourism”—the travel of patients who are residents of one country to another country for medical treatment—which is fast becoming a multi-billion dollar industry. To date, the primary U.S. medical tourists appear to have been uninsured or underinsured Americans seeking substantial cost savings by traveling to less developed countries for care. More recently, state governments, self-insured firms, Fortune 500 companies, and domestic insurers have begun attempts to get their insured populations to use medical tourism as well by requiring it or giving incentives for its use (what I call “insurer-prompted medical tourism”). There is, however, a dark side to the growth of this industry. In this Article I set out...
... Programs, a health insurer in Boca Raton, Florida. 14 West Virginia recently debated legislation th... fields as diverse as healthcare law, torts, civil procedure, international-trade law, insurance law,... “rare circumstances, however, where the remedy offered by the other forum is clearly unsatisfacto... of work absences she had received no notice and was not aware of the requirement. 241 It foun... an appropriate penalty, detection of violations, and enforcement still apply, governments should h...
... representatives of their citizens—in violation of the rule articulated in Massachusetts v. Mellon... Private insurers still paid for 32% of health care spending in 2009... Corps volunteers, and active and retired civilian Defense Department personnel and their dependents ... Third, states have plenty of notice—nearly four years from the date the bill was signed into ...§ 13981, which provided a federal civil remedy for victims of gendermotivated violence.76 ...
ver las páginas en versión mobile | web
ver las páginas en versión mobile | web
© Copyright 2012, vLex. All Rights Reserved.
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Other interesting searches:
Con De la Red | The Wheeling-Pittsburg | Srinivas Raju | Parties Thursday | Japan Bond Trading Co. Ltd. | Agglomerato | Contratación Temporal | croquis accidente | plano
