Marketing Company and its Officers who Circulated Spam to MySpace Users are Not Entitled to Coverage and Insurers Are Granted Reimbursement

Greenwich Ins. Co. v. Media Breakaway, LLC  (C.D. Cal. July 22, 2009) Defendants online marketing company and corporate officer were sued by MySpace Inc. for sending spam mail through MySpace users’ accounts without their knowledge through ‘phishing’.  Defendants held a directors’ and liability insurance policy and an errors omissions insurance policy.  Each policy excluded coverage for intentionally dishonest conduct, and claims made as a result of profit gained by the policyholder to which it was not entitled.  The court held
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Insurance Legislative Update for All 50 States

California Senate Bill 156 (Introduced Feb. 12, 2009, Last Action July 13, 2009) This bill amends existing law that provides for prevention, detection and investigation in insurance fraud to include Workers’ Compensation and requires insurers to disclose Workers’ Compensation insurance fraud incidents.  It also protects a person sharing information pursuant to the authorization from civil liability.   Louisiana House Bill 201 (Introduced Apr. 7, 2009, Last Action July 9, 2009) This bill relates to automobile property casualty and liability insurance
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Cases Cited in Goldberg Segalla’s Reinsurance Review – July 2009 Edition

Supreme Court Decision – Download Stolt-Nelsen.v.AnimalFeed Fifth Circuit Decision – Download Saipem.v.Wellington Northern District of Illinois Decision - Download In.re.arbitration.in.London Southern District of New York Decision - Download TIG.v.Century.Indemnity.Order State of California, Fourth Appellate District Decision – Download Ceradyne.v.Argonaut.Insurance.Co United Kingdom Decision – Download Flexsys America.v.XL Insurance United Kingdom Decision – Download Youell.v.La Reunion Download Nonadmitted and Reinsurance Reform Act of 2009 For more information, please contact Jeffrey Kingsley at jkingsley@goldbergsegalla.com
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Insurance Legislative Update for All 50 States

Legislation Alabama Senate Bill 5 (Introduced May 26, 2009; Last Action May 26, 2009) This bill prohibits the application of a hurricane deductible for property damage in insurance policies unless the damage arose from a named hurricane or tropical storm.  It requires personal lines insurance policies offering a percentage deductible for the peril of winds and hail to offer a voluntary buy‑back provision and provides penalties for violations. California Senate Bill 119 (Introduced February 2, 2009; Last Action May 28,
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Emerging Issue – Developing Coverage for Americans With Disabilities Acts Claims

Last week, California's highest court held that a restaurant is liable for an unintentional ADA violation. (Click here for more information on this decision). The decision again raises the issue of insurance coverage for ADA and similar claims. For an article addressing these issues in detail, click here. By Daniel W. Gerber and Carrie P. Appler http://www.goldbergsegalla.com/attorneys/Gerber.html http://www.goldbergsegalla.com/attorneys/Appler.html
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Cases Cited in Goldberg Segalla’s Reinsurance Review – June 2009 Edition

Supreme Court Decision – Download Andersen.v.Carlisle Tenth Circuit Decision – Download Mid-Continent v. General Re Eighth Circuit Decision – Download In re Acceptance Insurance Co. Third Circuit Decision – Download Swiss Reinsurance v. Airport Northern District of California Decision - Download The Flintkote Co. v. General Accident Assurance Co. Eastern District of Louisana Decision  - Download Imperial Trading Co. v. Travelers Supreme Court of Ohio Decision  - Download Olympic Holding Co. v. ACE Limited Supreme Court of New Hampshire Decision  -
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Recent Insurance Related Legislation

California Senate Bill 119 (Introduced Feb. 2, 2009, Last Action May 5, 2009) This bill deletes the expiration date for existing law that prohibits the bringing of an action for statements made in bad faith against an insurer issuing professional liability insurance policies to health care providers unless the statement was made under a specified circumstance. Connecticut Senate Bill 212 (Introduced Jan. 21, 2009, Last Action May 5, 2009) This bill prohibits the cancellation fee for certain automobile liability insurance
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Recent Proposed Legislation

California Assembly Bill 145 (Introduced Jan. 22, 2009, Last Action Apr. 13, 2009) This bill amends existing law that prohibits a motor carrier of property from contracting or subcontracting with or otherwise engaging the services of another carrier until the contracting carrier provides a certification of compliance with safety inspection certificate, permit and financial responsibility requirement. Florida Senate Bill 2252 (Introduced Feb. 26, 2009, Last Action Apr. 20, 2009) This bill relates to professional liability insurance and requires that certain
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