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By JD Supra Business Advisor | JD Supra's magazine covering regulatory issues for the insurance industry. Updated daily.

HIPAA Certificates Are No Longer Required As of January 1, 2015

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Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & …

Cybersecurity

California’s Insurance Fraud Prevention Act: 3 unsettled issues the health sector should understand

California’s Insurance Frauds Prevention Act, Ins. Code §§ 1871 et seq. (IFPA), is an unusual false claims statute. It allows “interested persons” …

Insurance

Facing TCPA Claims for Texting Advertisements? You May Also Have Some Insurance Coverage Concerns

During this busy holiday shopping season, retailers may end up facing litigation under the Telephone Consumer Protection Act (TCPA) for sending …

Insurance

What The Hail Is Going On With Texas Insurance Claims?

The onslaught of new hail damage lawsuits does not appear to be ending anytime soon. The docket of every county in which a significant hail event has …

Insurance

Appraisal of Insurance Losses and the “Actual” Definition of “Actual Cash Value”

Imagine a devastating fire renders your rental property uninhabitable. You dig out your insurance policy and are relieved to find that you are …

Insurance

Purchasing D&O Insurance: What Family Owned Businesses Need to Know

One of the insurance policies every business should strongly consider having is directors and officers insurance. Regularly referred to as “D&O …

Insurance

New York to D&O Insureds: “You Can’t Relate!” without Sufficient Factual Overlap

In Glascoff v. OneBeacon Midwest Ins. Co., 2014 WL 1876984 (S.D.N.Y. May 8, 2014), the U.S. District Court for the Southern District of New York held …

New York

Insurer Sues Chicago for Failure to Prevent Damages From Climate Change

UPDATE: Farmers Insurance has dropped its suit against Chicago and other area municipalities that had sought damages for claims it paid as a result …

Chicago

Health Systems Continue To Acquire Insurers

The wall between health care providers and health insurers continues to erode, as Ascension Health’s CEO acknowledges Ascension is in talks to …

Health Care

Life Insurance Unclaimed Property Litigation in 2014: Will Regulator Positions Withstand Judicial Scrutiny

Amidst ongoing multistate unclaimed property audits of many life insurers, and despite many regulatory settlements, the insurance industry and state …

Insurance

Privilege – communications between Insureds and Insurers

A recent decision of the Federal Court of Australia has raised the importance of Insureds carefully considering the risk of implied waiver of legal …

Law

Insurance Coverage Newslettter: Transport Inc. v. Superior Court

Vulcan Materials Corp. manufactured and sold PCE, a pollutant used by dry cleaners. R.R. Street & Co. was a distributor for Vulcan, and an additional …

Judiciary

Coming This Spring to an Insurance Policy Near You: Cybersecurity Data Breach Exclusions

Against the backdrop of Target’s massive data breach and the recent Heartbleed headache, the insurance industry’s imminent implementation of a series …

Insurance

Will Heartbleed Affect Data Breach Insurance Coverage?

Although it is a widespread exploit that has been undetected for two years, whether or not a CGL policy covers data breaches allowed by Heartbleed …

Insurance

Favorable Secondary Life Market Report By Florida Regulator

The Florida Office of Insurance Regulation recently issued an opinion favorable to the insurance industry in its Secondary Life Insurance Market …

Florida

New York Court: Insurer's Failure To Defend Does Not Waive Coverage Defenses

New York’s highest court recently held that an insurer that does not defend its insured may, if later sued by the policyholder seeking coverage, …

Law

On Second Thought, We Were Right the First Time

Recent Board decisions denying rehearing:

Liberty Mutual Insurance Company v. Progressive Casualty Insurance Company, CBM2012-00003, Paper 85 (April …

Black Hills

An American Policyholder in London: English Choice of Law Clauses in United States Insurance Policies

While certainly not the norm, it is not uncommon for insurance policies issued to companies based in the United States, particularly large commercial …

Law