There is no independent cause of action for punitive damages under New York law. In Pioneer Credit Corp. Such audits, we think, provide public protection against excessive surcharges by independent verification of the recoupment surcharges imposed.
Consequently, each store has significant fixed or semi-fixed costs, and margins and profitability are significantly impacted by doughnut production volume and sales.
Sterling Insurance Company, N. We fail to see how the cost of restoring property to its natural condition loses its status as "damages" simply because the EPA seeks to recover those costs voluntarily.
It serves little purpose for public officials to take the attitude that all insurance companies are constantly attempting to steal from the public.
It is an issue crucial to the people of North Carolina. The EPA letter was not the equivalent of a conventional demand letter based on a personal injury claim.
One insurer provided coverage on the date of the first injury Date A ; another insurer provided coverage on the date of subsequent injuries and on date of discovery Date B.
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In support of its argument, Fidelity relies on Continental Ins. This opinion concerns those cross-motions for summary judgment. Morrisville also seeks a declaratory judgment that Fidelity is obligated to defend and indemnify it for all claims concerning the clean-up of the Rose Chemicals site.
We also purchase other products, such as coffee, in large quantities. Without TRIA, the industry would simply be unable to spread the risk and, thus, build terrorism insurance capacity. This matter is remanded to that court with instructions that it remand to the Superior Court, Wake County, for reinstatement of the trial court order of 26 February We recognize that some courts have held that the law of the state where the hazardous waste is located governs a dispute concerning policy coverage for CERCLA clean-up costs.
As shown in Section I. However, no area of the law should be controlled by statutes which are so confusing and unwieldy that constant recourse to the judicial branch is inevitable. Current maturities of long-term debt Finally, if we determine that the policies do provide coverage, then we must decide whether Fidelity's denial of coverage was made in bad faith.
City of Durham, N. Such surcharge may be at a percentage of premium or dollar amount per policy adopted by the Board of Governors of the Facility.
In State of Vermont v. This requires a good understanding of the facts and of the applicable policy provisions. Bad Faith As discussed above, the CGL and Indemnity policies provide coverage for the claims brought against Morrisville concerning the clean-up of the Rose Chemicals site. The EPA clearly warned Morrisville of the probability of imminent government action, enforceable by a court of law, if it did not respond to the letter.All losses (coverages A+B+C) caused by the windstorm peril should be counted in determining whether the windstorm deductible has been reached.
Loss adjustment costs should be borne by the insurer, even if the loss does not exceed the windstorm deductible. The windstorm deductible does not apply to loss-of-use coverage (D).
• As a Loss Prevention Engineer for Lumberman’s Underwriting Alliance from to I provided the following services: • Evaluate property hazards, (arson exposure, construction, protection, etc.).Title: Senior Loss Control Consultant &.
Steve Ottenbrite is a seasoned insurance professional. Ottenbrite's experience is highlighted by his long-time representation for one of the country's most prominent nationwide insurers for the Title: Director of Risk Management and. Violation: 31A (1) A person must be licensed as an alliance pursuant to this chapter to directly or indirectly make available or otherwise arrange for health insurance through multiple unaffiliated insurers through the use of coordinated actuarial models, coordinated underwriting, or.
Lumbermens Underwriting Alliance Lumbermens Underwriting Alliance, MARKEL CORP GRP Markel Amer Ins Co Markel Ins Co16,California Department of Insurance.
Page 6 of Rate Specialist Bureau - 4/25/ CALIFORNIA P & C MARKET SHARE REPORT.
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