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AMICUS CURIAE BRIEFS
Angela Ables, Esq. Amicus Curiae briefs are becoming utilized in the insurance industry litigation field more often than ever before due to the impact of such litigation not only on the industry but consumers as well.
THE LONG AND WINDING ROAD
Marcia D. Alazraki, Esq. Jeremiah P. Sheehan, Esq. This article reviews regulatory developments over the past two years in the State of New York which have culminated in a determination by the New York Insurance Department (the "Department") that property-casualty insurers licensed to do business in the state may provide insurance coverage to a New York issuer of a debt cancellation contract ("DCC") or debt suspension agreement ("DSA").
PUBLIC RECORDS, BAD FAITH, AND THE ARIZONA DEPARTMENT OF INSURANCE
S. David Childers, Esq. To carry out its statutory responsibilities, the Arizona Department of Insurance conducts both targeted and full scale examinations of insurers, reviews financial documents filed with the Department of Insurance, collects rate and policy form information from insurers, investigates consumer complaints filed against insurers and other regulated entities, and investigates insurance fraud through a dedicated Fraud Unit whose investigators are licensed peace officers under Arizona law.
A NEW DAY IN NEW MEXICO FOR THIRD PARTY BAD FAITH CLAIMS
Gary Kilpatric, Esq. Sharon Shaheen New Mexico joined a handful of states when its Supreme Court held in Hovet v. Allstate Ins. Co., 2004- NMSC-010, ___ N.M. ___, 89 P.3d 69, that a third party claimant has a "bad faith" private right of action against the insurer under the Unfair Claims Practices Act (UCPA).
EXTRACONTRACTUAL DAMAGES ON AND INSURANCE POLICY CLAIMS - TENNESSEE
Robins H. Ledyard, Esq. Tennessee's insurance statutes include one that authorizes a court to impose a penalty of up to twenty-five percent of an insurance company's liability for loss to the holder of an insurance policy or fidelity bond if payment has not been made within sixty days after demand, the refusal to pay was not in good faith, and the failure to pay inflicted additional expense or injury upon the holder, including attorneys fees.
RHODE ISLAND'S SOLVENT RUN-OFF STATUTE
John J. Partridge, Esq. When an insurance company comes to the end of practicable profitability, there have been few choices for the company. |
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