philadelphia loss conference

The Appellate Division of the New York Supreme Court, First Judicial Department, recently reversed itself and held that an excess insurer must disclaim coverage on known grounds "as soon as is reasonably possible," even if it has not yet completed its investigation into other possible grounds for disclaimer. In George Campbell Painting, et al. v. National Union Fire Ins. Co. of Pittsburgh, PA, an excess insurer was aware in January 2006 that its insureds failed to provide timely notice of a bodily injury liability claim in violation of the policy conditions. The insurer, however, waited five months to deny coverage on late notice grounds so that it could complete its investigation and consider alternative grounds for disclaimer.  To read the full article,<Click Here> This information has been Published by Nelson Levine de Luca & Horst Copyright 2012. Nelson Levine de Luca & Horst, LLC. All rights reserved.

Pending Amendment to New York's Class Action Statute Would Impact Attorney's Fees
Earlier this month, the New York State Senate delivered to Governor Andrew Cuomo an amendment to Article 9 of the New York Civil Practice Law and Rules (CPLR), which governs class action lawsuits.  The amendment would allow New York courts to award fees to persons other than counsel for class representatives.  The key beneficiaries of this law will be attorneys for objectors in class action lawsuits.  To read the full article, <Click Here>    This information has been Published by Nelson Levine de Luca & Horst Copyright 2011. Nelson Levine de Luca & Horst, LLC. All rights reserved.

Ohio Supreme Court Enforces One-Year Limitation-of-Action Clause in Homeowner's Policy
The Ohio Supreme Court has ruled that an insurer can enforce a one-year limitation-of-action clause in a homeowner's policy.  In Dominish v. Nationwide Ins. Co., 2011 WL 3760046 (Ohio Aug. 23, 2011), a policyholder sought coverage in connection with storm damage to his home.  Following an investigation of the claim, the insurer issued payment to the policyholder for the covered portion of the loss and denied the remainder.  To read the full article, <Click Here>    This information has been Published by Nelson Levine de Luca & Horst Copyright 2011. Nelson Levine de Luca & Horst, LLC. All rights reserved.

Insurers  Face Mounting Claims and Coverage Concerns Arising from Consumer Class Actions Involving Collection of Zip Codes
Consequences continue to grow for retailers and their insurers stemming from the California Supreme Court's ruling in Pineda v. Williams & Sonoma, 51 Cal.4th 524, 246 P.3d 612 (Cal. 2011).  As reported in March 2011, the Court in Pineda held that zip codes are personal identification information (PII) and, therefore, collecting zip codes during a credit card transaction violates California's Song-Beverly Act.  The Act prohibits businesses from requesting and recording certain personally identifying information in order to complete a credit card transaction.  To read the full article, <Click Here>    This information has been Published by Nelson Levine de Luca & Horst Copyright 2011. Nelson Levine de Luca & Horst, LLC. All rights reserved.

New Jersy's Highest Court Expands Insurer's Duty to Defend and Find's Juries Can Decide Bad Faith Refusal to Settle Actions
The New Jersey Supreme Court recently issued two opinions that will have an impact on insurers throughout the state.  The Court found in Abouzaid v. Mansard Gardens Associates, LLC that insurers have a duty to defend an insured against allegations of severe emotional distress, otherwise known as Portee claims, even in situations where the plaintiff has failed to allege any bodily injury or sickness.  To learn more about insurers obligations to defend Portee claims, <Click Here>

In Wood v. New Jersey Manufacturers Insurance Company, the Court determined that the right to a jury trial exists in Rova Farms actions claiming that an insurer in bad faith failed to settle a case within the insured's policy limits prior to trial.  To learn more about New Jersey's ruling that Rova Farms actions are triable by jury, <Click Here>   This information has been Published by Nelson Levine de Luca & Horst Copyright 2011. Nelson Levine de Luca & Horst, LLC. All rights reserved.

New York Moves Toward Further De-Regulation of Laws for Large Policyholders

Major Tort Reform for Pennsylvania
At 1:00 p.m. today, (6/28/2011) Pennsylvania Governor Tom Corbett signed the Fair Share Act into law after the bill successfully passed the state House and Senate.  Despite the fact that the Act will not have retroactive effect on current cases, it will quickly change the landscape of tort law in Pennsylvania. To read the full article, <Click Here>.  This information has been Published by Nelson Levine de Luca & Horst Copyright 2011. Nelson Levine de Luca & Horst, LLC. All rights reserved.  Read the full Senate Bill <Here>

Highly Anticipated Supreme Court Decision On Climate Nuisance Law Leaves The Door Ajar For State Law Claims
Earlier today, the United States Supreme Court issued its highly anticipated opinion in the landmark climate change nuisance case of Connecticut, et al. v. AEP. To the surprise of few, the Court held that the plaintiffs' federal common law nuisance claims could not proceed. Perhaps the most unanticipated aspect of the opinion, however, is that the Court implied that, at least under certain circumstances, state law nuisance claims might be viable (i.e., not preempted by the EPA's authority under the Clean Air Act).
To read the full article, <Click Here>.  This article was written by Nelson Levine de Luca & Horst, LLC. All rights reserved.

U.S. Supreme Court Refuses to Hear Preemption Arguments in $17-Million Bus Crash

On May 23, 2011, the United States Supreme Court declined to hear arguments as to whether Texas state law tort claims are preempted by federal law following a five-fatality bus crash.  The decision suggests trucking and other transportation companies may experience difficulty as they attempt to prove preemption by federal transportation regulations. To read the full article, <Click Here>  This article was written by Nelson Levine de Luca & Horst, LLC. All rights reserved.

Property Appraisal Issues
Appraisal can provide a quick and inexpensive method to resolve disputes relating solely to the amount of the loss. Therefore, it is certainly beneficial for insurers to review the applicable policy of insurance to determine if an appraisal clause exists, and if so, the contractual terms governing the appraisal. However, the interpretation and scope of appraisal provisions vary greatly state by state, therefore, one should always be aware of the jurisdiction before taking a position on appraisal.  To read the full article,  <Click Here>
This article was written by Nelson Levine de Luca & Horst, LLC. All rights reserved.

The Consumer Product Safety Commission (CPSC) launched a product safety information database on March 11, 2011.  The catalyst for the Database, Section 212 of the Consumer Product Safety Improvement Act of 2008, required that the CPSC establish a searchable product safety database comprised of public information.  The potential impact of the Database has consumer product manufacturers concerned and poses new questions as to whether claims reported to the Database will be covered under manufacturers' insurance portfolios. To view the database, goto <Product Safety database>.   To read an article by NLdH on Product Safety Database's Impact on Insurance Coverage, <Click Here>.   This information has been Published by Nelson Levine de Luca & Horst Copyright 2011. Nelson Levine de Luca & Horst, LLC. All rights reserved.