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The May 2017 Issue Is Now Available

Featured in This Issue:

Best's Briefing: A.M. Best Comments on New York State's New and Revised Regulations on Cybersecurity
On February 16, 2017, the New York State Department of Financial Services (DFS) finalized and released new and revised cybersecurity requirements (23 NYCRR 500), which will take effect on March 1, 2017. Beginning February 15, 2018, firms will be required to annually prepare and submit to the superintendent a Certification of Compliance with the NY DFS Cybersecurity Regulations. Read More...

Member Spotlight - Drew Eckl & Farnham Updates Georgia Law Digest for 12th Consecutive Year
Since 2005, the firm has contributed their time and scholarly talent serving as revisors of the Insurance Law Digest for the state of Georgia. Their most current updates were recently posted.  Read More...

For the Record - What Our Qualified Members Are Writing
"Florida Supreme Court Finds Attorneys' Fee Limitation in Claims Bill Unconstitutional," by Traci T. McKee of Henderson, Franklin, Starnes & Holt; "New York Rolls Out New Cybersecurity Requirements for Banks and Insurer," by Charles E. Haddick, Jr., of Dickie, McCamey & Chilcote, P.C. Read More...

Webinars - Pileup in Commercial Auto
In this webinar, a panel of insurance and claims experts examine what's driving litigation and losses, how companies' underwriting is changing and how ride-hailing services and autonomous vehicles are poised to change the sector. Read More...

The Insurance Law Podcast Series examines timely and important legal issues affecting the insurance industry, from an attorney's point of view. Past topics have included regulatory compliance, sports law, negligent security and more. Subscribe to the Insurance Law Podcast series to receive an e-mail alert of our most recently posted Insurance Law Podcast.

Posted:  Mon., May 15, 2017
Jerry Birnbach, Retail Expert in the insurance industry discusses regulations and practices to eliminate slip and fall risks as well as aspects that companies and defense attorneys need to consider with regard to slip and fall accident claims.

Posted:  Wed., April 12, 2017
Attorney Martha Weis of the Virginia law firm of Goodman Allen Donnelly PLLC addresses whether a
typical general liability policy covers intellectual property claims, and examines policy
exclusions and insurance company impact.

Tues., March 14, 2017
Attorney Terry Lavy from the law firm of Vernis & Bowling's southwest and central Florida offices discusses the legal complexity and challenges of construction defect litigation and the impact on insurance carriers and insurers, and significant construction cases in the state of Florida.

Transcripts of our podcasts are available. Please visit our Insurance Law Podcast home page to see our complete podcast series and view recent transcripts.
The Insurance Law Digest, updated yearly by qualified law firms, presents insurance laws for each U.S. state and several Canadian provinces. This free resource puts general insurance principles in leading case decisions at your fingertips, plus offers convenient tables summarizing parts of six popular subjects.
Sign up now. You must have a Member Center account with A.M. Best to view the state law digest pages. You can also sign up to receive an e-mail alert which provides important updates made to the Law Digests for each state and province.
Legal Precedents Impacting the Insurance Industry within the Past Year:
Manitoba courtesy of Fillmore Riley LLP of Winnipeg
"Exclusion Clauses" section has been added. Ambiguous exclusion clauses are interpreted under the general rules of contract interpretation. An Ambiguous faulty work exclusion in builders' risk policy follows the interpretation that is consistent with reasonable expectations of parties & commercial reality. Ledcor Constr. v Northbridge Indem., [2016] W.W.R, 419.
Idaho courtesy of Elam & Burke, P.A. of Boise
Effective 3/1/17, Idaho courts must apply a different standard to claims for attorney fees under I.C. §12-121; that is, prevailing parties in civil litigation have the right to attorney fees they have incurred "when justice so requires." Hoffer v. Shappard, 160 Idaho 870, 380 P.3d 681, 696 (2016). Justice Burdick suggests the change will "inhibit access to justice" and increase "litigation costs."
Liability Insurance: Coverage may be available for a general contractor under 1986 ISO Commercial General Liability Form where defective work is performed by a subcontractor. Cypress Point Condo v. Adria Towers, 226 N.J. 403; 143 A.3d 273 (2016).

Best's Insurance Professionals & Claims Resource began more than 80 years ago and remains the premiere tool for locating qualified professionals skilled at handling the unique concerns of the insurance industry.
Today, this comprehensive online resource is designed to connect insurance and claims professionals not only with client-recommended attorneys, independent adjusters and expert service providers, but also with third party administrators with experience in working with the insurance industry.
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If you provide services that can benefit the insurance industry, consider becoming a qualified member of Best's Insurance Professionals & Claims Resource. Any questions can be sent to