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Insurance
The Whole Truth and Nothing but the Truth: Misrepresentation and Concealment, by
Richard D. Gable, Jr. and James R. Lloyd, III.
The purpose of this paper is to outline the resources available to the insurance carrier and counsel in combating insurance fraud and to provide an overview of the case law relevant to the application of anti-fraud provisions and statutes.
Non-Specific.
18 pages. Written:
2006. Added:
7-04-2008.
www.gibbonslaw.com
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Insurance
Directors And Officers Liability Insurance And Subprime Mortgage Crisis Related Litigation, by
John T. Wolak and Andrew B. Smith.
The inevitable, and presently occurring, increase in litigation arising out of the subprime mortgage crisis will have wide-ranging effects on many businesses. One way a company can properly brace itself for this
litigation onslaught or any risk of litigation is to understand the nature and extent of its Directors and Officers
(“D&O”) insurance coverage.
Non-Specific.
2 pages. Written:
2008. Added:
7-04-2008.
www.gibbonslaw.com
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Employment and Labor
Worker Classification: IRS Launches Questionable Employment Tax Practice Initiative, by
Kathryn Keneally .
Under pressure from Congress, the IRS has been aggressively attempting to reduce the tax gap – the annual shortfall between taxes owed and taxes paid. The IRS has been receiving leads on cases in which workers may have been misclassified, with 19,000 requests since 2004 to make a determination on whether a worker is an employee or an independent contractor (“SS-8” inquiries). By treating workers as independent contractors, some employers attempt to avoid paying unemployment insurance, workers’ compensation, Social Security taxes and the cost of withholding income taxes.
Non-Specific.
5 pages. Written:
2008. Added:
7-04-2008.
Journal of Tax Practice & Procedure
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Construction
Considerations When Representing an Insured Contractor, by
Wendy West Feinstein.
Briefs the Basics
a. While no area of the practice of law is immune to the problems of conflicts in interest, “no specialty within the law is more singularly or directly affected by conflicts of interest problems than insurance defense.” Bowdre, Conflicts of Interest Between Insurer and Insured, 17 Am. J. Trial Advoc. 101, 101 (1993).
Non-Specific.
12 pages. Written:
2007. Added:
7-04-2008.
www.eckertseamans.com
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Corporate and Securities
20 Questions Directors Should Ask About Directors' and Officers' Liability, Indemnification & Insurance, by
Richard J. Berrow.
The briefing is designed to be a concise, plain English introduction to the role of indemnification contracts and directors and officers insurance in corporate governance and risk management. The briefing includes provides practical examples of both pitfalls and opportunities to enhance coverage, in question and answer format. Richard regularly advises clients of the firm on corporate indemnification matters, and on placing and enforcing D&O insurance. He spoke on this topic to the National Audit Committee Conference of the CICA in Toronto in November, 2007.
Non-Specific.
32 pages. Written:
2008. Added:
7-04-2008.
www.fasken.com
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Corporate and Securities
Director and Officer Liability Trends, by
Gordon (Chip) Davenport.
Gives an overview of the latest trends in director and officer (D&O) litigation and the D&O insurance marketplace. Panelists discussed how insurance companies evaluate the companies for which they write D&O policies as well as steps a company and its
directors and officers can take to secure the best possible D&O insurance coverage.
Non-Specific.
6 pages. Written:
2008. Added:
7-04-2008.
Foley & Lardner LLP
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Insurance
Insurance Premium Financing, by
Jason T. Barnes.
Although the general concept has been in play for years, only recently have lenders begun systematically extending loans to individuals and businesses for the purpose of financing insurance premiums. In light of these unique features, the premium finance market, and related secondary market, should see considerable activity in the coming years.
Non-Specific.
3 pages. Written:
2007. Added:
7-04-2008.
www.haynesandboone.com
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Bankruptcy
Insolvent Companies: Ensuring Your Protection, by
Karen Lee Turner.
This article discusses this shift in duties that occurs when your company is approaching insolvency or has filed for Chapter 11 protection; explains how you can make sure that you have not breached your fiduciary duties; and explores whether actions brought against you for breach of your fiduciary duties will be covered by your
company’s D&O insurance.
Non-Specific.
3 pages. Written:
2007. Added:
6-30-2008.
National Association of Corporate
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Construction
Considerations when Representing an Insured Contractor , by
Wendy West Feinstein.
Describes the Basics, Duty to Defend, Reservation of Rights, etc. While no area of the practice of law is immune to the problems of conflicts in interest, “no specialty within the law is more singularly or directly affected by conflicts of interest problems than insurance defense.”
Non-Specific.
12 pages. Written:
2007. Added:
6-30-2008.
www.eckertseamans.com
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Insurance
Insurance Industry Update, by
James J. Kelley, II, Christopher A. Parlo, Rebecca Eisen, Carrie A. Gonell.
Overview:
• Follow-Up From Insurance Industry Roundtable
• First of Hopefully Regular Calls
• Highlight Recent Important Decisions/Developments
• Provide a Forum for Discussion
• Need Industry Involvement
• Expand Beyond Just Employment Compliance/Litigation
Non-Specific.
28 pages. Written:
2007. Added:
5-09-2008.
Website
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Insurance
Internal Revenue Code Section 409A: Ten Traps for the Unwary, by
Daniel L. Hogans and Michael J. Collins.
This article highlights ten key items that should be considered in drafting or amending plans and other agreements in light of the complex rules under tax code Section 409A that apply to most nonqualified deferred compensation arrangements. The authors divide these
‘‘traps for the unwary’’ into two broad categories: problems that arise in distinguishing what is and what is not deferred compensation subject to Section 409A and problems that arise in documenting compliance with Section 409A.
Non-Specific.
6 pages. Written:
2008. Added:
5-07-2008.
The Bureau of National Affairs, Inc.
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Insurance
Navigating the Insurance/Reinsurance Linked Securitisation Market: Charting New Paths; Political Tempests, by
Jeffrey S. Burman and Clifford H. Schoenberg.
This article describes some of recent advances in the ILS market as well as industry developments we expect to impact market in 2007 & beyond. The evolution of and innovation in the ILS market continues its rapid pace, with improved efficiency.
Non-Specific.
4 pages. Written:
2007. Added:
4-04-2008.
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Insurance
Choice of Entity for Insurance Agencies in Texas, by
John E. Gangstad.
Article discusses how to decide on the best form of business entity depending on the situation and concerns of the owner.
Texas.
5 pages. Written:
2005. Added:
4-03-2008.
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Health Care
ERISA Preemption and MA Health Care Reform, by
Andy R. Anderson.
Discusses applicability of ERISA preemption of state insurance laws.
Massachusetts.
15 pages. Written:
2007. Added:
10-25-2007.
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Alternative Dispute Resolution
Mediating and Arbitrating Insurance Disputes, by
National Arbitration Forum.
Discusses advantages of arbitration and mediation in an insurance context.
Non-Specific.
18 pages. Written:
2005. Added:
9-22-2007.
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Corporate and Securities
Director and Officer Liability Trends and D&O Insurance – Advanced Issues, by
Foley & Lardner.
The panel presentation featured an overview of the latest trends in D&O litigation and the D&O insurance marketplace; how insurance companies scrutinize the companies they write D&O
policies for and what a company and its directors and officers can do to get the best possible D&O insurance coverage;
Non-Specific.
8 pages. Written:
2007. Added:
5-10-2007.
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Insurance
When fronting carriers fail, equity protects Policyholders, by
Fred A. Simpson.
Discusses the purpose, legality, and mechanics of a practice in the U.S. insurance industry known as “fronting”. Under typical fronting schemes, the “insureds” contract with fronting insurers for what appear on the surface to be normal transfers of insurable risks.
Non-Specific.
5 pages. Written:
2006. Added:
5-05-2007.
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Civil Pre-Trial
Discovery & Evidence in Breach of Contract Cases: Defining Relevance & an Overview of Objections Not Based on Evidentiary Privil, by
J. Stephen Gibson.
The scope of discovery & evidence in a breach of contract case, at first glance, would seem to be a simple topic not requiring much discussion. As the old
saying goes, first impressions can be deceiving. & perhaps this saying is no truer than in attempting to define the scope of relevant evidence for discovery & trial in an insurance contract case
Non-Specific.
36 pages. Written:
2006. Added:
5-05-2007.
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Health Care
Overview of the Current State of HIPAA Enforcement, by
Lynsey Mitchel.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires covered entities, including managed care organizations, to protect the confidentiality of individually identifiable health information. Congress gave the Department of Health and Human Services (HHS) the authority to enforce HIPAA.
Non-Specific.
12 pages. Written:
2006. Added:
5-01-2007.
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Lawyer Liability
Survival of the Fittest or Smartest? What the Physician's Advisor Should Know about Malpractice Insurance, by
Alan S. Gassman.
Discusses representaion of physicians.. While most "liability issue" calls received from physician clients are about "asset protection" counseling of physicians & medical practices should involve more than just traditional creditor protection or bankruptcy law.
Non-Specific.
422 pages. Written:
2005. Added:
4-09-2007.
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Legal Malpractice
E&O Insurance branches out to cover more professional services, by
William J. Casey and Christina Terplan.
Errors and omissions liability coverage continues to expand nationally and internationally. Medical, legal, accounting, architectural, engineering, insurance brokers, technology, and other consulting and professional service providers are exploring coverage under the rubric of “miscellaneous E&O.”
Non-Specific.
2 pages. Written:
2006. Added:
3-20-2007.
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Corporate and Securities
Outside director liability, by
Bernard Black, Brian Cheffins, and Michael Klausner.
This Article analyzes the degree to which outside directors of public companies are exposed to out-of-pocket liability risk—the risk of paying legal expenses or damages pursuant to a judgment or settlement agreement that are not fully paid by the company or another source, or covered by directors’ and officers’ (D&O) liability insurance.
Non-Specific.
106 pages. Written:
2006. Added:
3-20-2007.
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Probate, Trusts and Estates
Buy-sell agreement fails test: A case in point, by
Wright Griffin Davis & Co..
In Estate of Blount, the 11th Circuit Court
of Appeals affirmed the Tax Court’s ruling
that a buy-sell agreement should be disregarded in valuing a closely held business for estate tax purposes. But the appellate court reversed the Tax Court’s
finding that $3.1 million in life insurance proceeds were includible in company’s fair market value.
Non-Specific.
8 pages. Written:
2006. Added:
3-20-2007.
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Legal Malpractice
Managing Legal Malpractice: A Professional Liability Risk Management Handbook for Lawyers, by
Chubb Insurance.
Reality—Attorneys in private practice have a 4% to 17% chance of being sued for malpractice each year, depending on their jurisdiction and area of practice, according to the American Bar Association’s (ABA) Lawyer’s Desk Guide to Legal Malpractice. Even well-run law firms can be sued.
Non-Specific.
31 pages. Written:
2005. Added:
3-18-2007.
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Bankruptcy
D&O Policy Proceeds As Property Of A Bankrupt Debtor’s Estate, by
William Kapell, Esq., Winston & Strawn.
This article focuses on complex commercial litigation, with a special interest in D&O insurance coverage matters. Past court decisions place varying levels of emphasis on these features when called upon to decide whether D&O proceeds constitute estate property. Recent rulings continue to analyze the issue in different ways.
Non-Specific.
8 pages. Written:
2006. Added:
3-18-2007.
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Insurance
In the Wake of Spitzer: An Examination of Whether A Fiduciary Relationship, Exists Between an Insured and its Broker Under Texas, by
Ernest Martin, Jr. - Chair, Insurance Coverage Practice Group.
Explores the relationship that exists between an insured & its insurance broker and what, if any, duties are owed under Texas law.
Texas.
26 pages. Written:
2005. Added:
3-16-2007.
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Insurance
Recent Texas Insurance Developments: Selection of Counsel, Settlement, and Sending Notice, by
Ernest Martin, Jr. - Chair, Insurance Coverage Practice Group.
Like other areas of law, insurance law is not stagnant, but is constantly changing. Three insurance issues currently being hotly debated in Texas include the insured’s right to select counsel in a case in which it is being defended by its insurer under reservation of rights, whether a liability insurer can obtain reimbursement from its insured.
Texas.
11 pages. Written:
2007. Added:
3-13-2007.
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Insurance
Seeking Equity In A Reinsurer's Obligations To An Insolvent Life Insurer: The Role Of The Market Value Adjustment, by
Wm. Carlisle Herbert, Foley & Lardner.
The Insurer Receivership Model Act (IRMA), adopted by the National association of Insurance Commissioners (NAIC), addresses issues concerning a reinsurer's obligations to the estate of an insolvent ceding insurer. This article addresses whether iprovisions will alter the economic relationship.
Non-Specific U.S. State.
10 pages. Written:
2006. Added:
3-05-2007.
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