Showing 7 posts in Insurance Coverage.

COVID-19: Coverage Impact for Workers Compensation and Employers Liability Insurers

As the world  responds to the current coronavirus pandemic, also known as COVID-19, insurance companies will now, more than ever, be looked upon to respond to the widespread impact on businesses in all industries, including the impact on employees, their families and customers. It is a virtual certainty that in the coming days and months, employers will face an avalanche of claims relating to exposure to COVID-19. Those employers may look to their Workers Compensation and Employers Liability policies for coverage. Part One of a standard Workers Compensation policy provides coverage for an employer's statutory liabilities under workers compensation law, while Part Two provides coverage for liabilities arising out of employees' job-related injuries that are not otherwise covered under workers compensation law(s). More »

Florida Office of Insurance Regulation Issues Informational Memorandum on Insurer Continuity of Operation Plans on COVID-19

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On March 16, 2020, the Florida Office of Insurance Regulation ("OIR") issued an Informational Memorandum OIR-20-03M.  In that Memorandum, the Commissioner urged all regulated insurers to heed the guidance memos from the Centers for Disease Control and Prevention ("CDC"), as well as the Florida Department of Health ("DOH"), for businesses and employers. All companies regulated by the state OIR are required to review and update all Business Continuity Plans and/or Continuity of Operations “immediately”.  Such operations as policy issuance, premium collection, claims adjustment and payment, and policyholder services, must account for DOH and CDC guidance surrounding COVID-19. The OIR required immediate notice to the department by any regulated insurer, if that insurer has had to activate its Business Continuity or Continuity of Operations plans. Insurers must advise the DOI the date the plan was activated, and the name, phone number and email address of the company’s point of contact for continuity plan activation. Further, if in response to COVID-19 any business operations are compromised to the extent it may jeopardize ability to provide essential services to policyholders the company must immediately notify the DOI, by providing detailed information regarding the extent to which business operations are compromised, including how it impacts policyholders, and provide the name, phone number and email address of the point of contact for that issue.

New Michigan DIFS Order Raises More Questions for Auto Insurers

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On September 20, 2019, the Director of the Department of Insurance and Financial Services of Michigan (“the Department”) issued order number 19-048-M, which has a direct impact on the ability of automobile insurers to implement the recent Michigan No-Fault Reform Act.  Per the Act, most provisions were effective June 11, 2019, with a limited number not taking effect until July 2020.  As would typically be the case, on June 11, 2019, insurers began implementing the new provisions of the No-Fault Act. More »

Michigan No-Fault Reform Update

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As an update on the changes promised by both political parties in Michigan, this morning the Michigan Senate passed Senate Bill 1, which would significantly alter the Michigan No-Fault Act.  A comprehensive review of the bill is being performed by Segal McCambridge attorneys and we will have updates throughout the coming weeks as it pertains to common problems that are encountered by insurers.  More »

An Examination of the Illinois Insurer-Insured Privilege: What is Protected and What is Discoverable?

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Introduction
In today’s litigation climate, cases often not only involve a plaintiff, a defendant, and their attorneys, but also insurance carriers who have vested interests in the outcome of cases involving their insured. Prior to and throughout the course of litigation, an insured will often not only communicate with their attorney, but also with their insurer. It is common, for example, that an insurer will take a statement from their insured while analyzing a potential claim. The threshold question of which components of an insurance claim file are discoverable is crucial in a litigated matter. This Article explores the Illinois Insurer-Insured Privilege. A misunderstanding of this privilege can have severe consequences, including the disclosure of material information that the parties believed, in good faith, was confidential, and would never be subject to production. More »

TEXAS INSURANCE LAW ALERT: Storm Claim Litigation Reform Statute: Texas House Bill 1774

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House Bill 1774 (H.B. No. 1774) was signed by Texas Governor Greg Abbott on May 26, 2017, enacting Chapter 542A of the Texas Insurance Code and modifying other existing statutes. H.B. No. 1774 was designed to address lawsuit abuse arising out of Texas weather-related property claims. A summary of the bill follows. More »

CLIENT ALERT: Seventh Circuit Negates Need for a Certificate of Insurance Before Loss - CGL Coverage Exists for an Additional Insured if an Oral Agreement Prior to Covered Event

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The Seventh Circuit Court of Appeals, in Cincinnati Ins. Co. v. Vita Food Products, Inc., No. 15–1405 (7th Cir. Dec. 16, 2015), has issued an important decision with far-reaching impact on the interpretation of “additional insured” status under commercial general liability (“CGL”) insurance policies. With this decision, additional insureds should have an easier time seeking coverage. More »

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