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Vol. 8 Edition 2 - Summer 1997
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MARKET CONDUCT SETTLEMENT IN CALIFORNIA
Beware of Pitfalls
Robert W. Hogeboom, Esq.
(213) 680-2800
The California Department of Insurance ("DOI") maintains a Market Conduct Bureau ("Bureau") which conducts market conduct examinations of insurers focusing on their claims, underwriting and marketing practices.
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TRAVELING EMPLOYEES AND THE WORKERS' COMPENSATION COVERAGE DILEMMA
John R. Heitkamp, Jr.
(414) 297-5842
Thomas M. Rose
(414) 297 5840
John Doe is a parts salesman for ABC Farming, a farming manufacturer based in the South. Mr. Doe's job requires him to travel to various distributors throughout Idaho during a one week sales trip. While driving from one sales call to the next, Mr. Doe's car is struck by a tractor negligently driven by a potato farmer.
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CHALLENGING THE ADMINISTRATIVE SUBPOENA
Douglas A. Mang, Esq.
(850) 222-7710
Robert E. Wolfe, Jr., Esq.
A considerable amount of any insurance company's time is spent working with regulatory agencies in the states where its business is transacted.
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THE SALE OF INSURANCE BY NATIONAL BANKS HISTORICAL HIGHLIGHTS & RECENT DEVELOPMENTS
Thomas E. Workman
(212) 986-6181
Laurie A. Briggs
(614) 227-2300
In Barnett Bank of Marion County, N.A. v. Nelson, 116 S.Ct. 1103 (1996), the Supreme Court held that a federal law authorizing the sale of insurance by national banks located and doing business in small towns preempted a Florida statute prohibiting such sales. In the year that has followed, Barnett has become the most discussed and debated development in its field and has engendered as much dispute as it attempted to settle.
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THERE'S NO PLACE LIKE HOME
New York's Attempt to Keep Its Life Insurance Companies in New York
Francine L. Semaya, Esq.
(212) 908-1270
Vanessa L. Sutter, Esq.
(212) 408-6900
Why stay in New York? With over 49 jurisdictions to choose from, a majority of which appear to be changing with the times and facing head-on issues of the 1990's, many New York life insurance companies are beginning to question whether they should redomesticate out of New York to a state that may better address their needs.
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NEW YORK INSURANCE DEPARTMENT VOIDS COMMITMENT AGREEMENTS
Stewart H. Walker, Esq.
(212) 867-2550
Until recently, New York domestic life insurance companies had been required by the New York Insurance Department ("Insurance Department"), as a condition of initial licensure, to execute a document entitled, "Commitment Agreement to the New York Insurance Department" ("Commitment Agreement").
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