Insurance Telematics and Usage Based Insurance Products
October 29, 2014 —
Robert Ansehl – White and Williams LLPThe New York State Department of Financial Services (the "DFS") issued Insurance Circular Letter No. 4 on May 27, 2014 (the “Circular Letter”). The purpose of the Circular Letter was to alert stakeholders of the DFS’ interest in obtaining information about products that use embedded telematic devices, including usage-based insurance products (“UBI”) that provide benefits to insurers and policyholders.
As data capture and transmission technology become more advanced, and as user interfaces become increasingly sophisticated, many insurers are considering UBI and other programs that rely upon telematic devices to monitor the behavioral patterns, tendencies and habits of insureds. For example, when these devices are installed in an insured's vehicle, a telematic device can gather driving data, including miles driven, the time of day the driver used the vehicle, and his/her speed, acceleration and braking patterns. This data can be captured and transmitted on a real-time basis that allows insurers to make more effective underwriting determinations and to better align pricing with an insured’s driving tendencies and the resulting attendant risks. Other insurers have applied UBI to homeowner’s insurance where, for example, smoke and other alarms and monitoring devices can monitor and transmit details regarding the resident's risk-based activities (for example, whether and how often and how long the insured uses ovens and stoves on an attended and unattended basis). This data can be used to facilitate an insurer’s ability to correlate insurance coverage decisions with the insured’s actual behavior (as opposed to self-reported behavior) as measured by sophisticated home-based telematic devices. In addition, UBI and other programs provide the data on a real-time basis, as opposed to collecting information via traditional means, principally based upon post-claim reporting. Tempering increased UBI usage are countervailing privacy and data protection concerns and risks. Regulators, insurers and consumers have significant stakes in the availability, access and applications of this information.
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Robert Ansehl, White and Williams LLPMr. Ansehl may be contacted at
ansehlr@whiteandwilliams.com
Manhattan Townhouse Sells for a Record $79.5 Million
April 05, 2017 —
Oshrat Carmiel - BloombergA home on Manhattan’s Upper East Side sold for $79.5 million, according to property records made public Wednesday, making it the highest price ever paid for a townhouse in the borough.
The 20,500-square-foot (1,905-square-meter) property, at 19 E. 64th St., had been owned by the Wildenstein family, billionaire art dealers whose gallery was located at the site for more than 80 years. The previous record for a Manhattan townhouse was the $53 million paid for 4 E. 75th St., in 2006, according to appraiser Miller Samuel Inc.
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Oshrat Carmiel, BloombergMr. Carmiel may be followed on Twitter @OshratCarmiel
“Professional Best Efforts” part 2– Reservation of Rights for Engineers who agree to “best” efforts? (law note)
April 20, 2017 —
Melissa Dewey Brumback - Construction Law in North CarolinaRecently, a reader reached out to me to ask about case examples of an engineer losing his insurance coverage because he agreed to a “heightened” or “best” standard of care. The reader stated that he was an insurance adviser who handled various construction professional coverages, and that in his experience it was very unusual to deny or limit damages because of a heightened standard of care.
This comment led me to an informal survey of several insurance brokers that I deal with, and the general consensus is that instead of outright denying a claim, most E&O insurers will issue a “reservation of rights” letter. What that means is that the insurance company will defend the claim (i.e., pay for your lawyer to defend you and your Firm), but with the understanding that they are (potentially) denying any liability for any adverse money judgment against you.
Inevitably, most such cases settle, but if they do not, the question then is whether the heightened duty created part of the damages. The insurer may ask to intervene in the lawsuit to ask the jury that question, in an effort to limit its share of the damages.
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Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
Newmeyer Dillion Announces New Partners
January 06, 2020 —
Michael Krueger & Jason Morris - Newmeyer DillionProminent business and real estate law firm Newmeyer Dillion is pleased to announce that Walnut Creek attorney, Michael Krueger, and Newport Beach attorney, Jason Morris, have been elected to partnership. Their promotion is effective immediately.
"We are proud to have Jason and Mike join the firm's partnership," said Managing Partner Paul Tetzloff. "They both embody the firm's core cultural pillars – like, trust, respect and loyalty – and they've both demonstrated a commitment to outstanding client service and excellent legal work. They will continue to propel the firm's success for decades to come."
Michael Krueger is based in the firm's Walnut Creek office, representing companies at every stage of the business life cycle to create business solutions that minimize risk and accomplish strategic objectives. Recognized as a 2019 California Trailblazer by The Recorder, Krueger is a trusted advisor for complex business negotiations, real estate ventures including Opportunity Zone projects, mergers and acquisitions, bank finance and private equity transactions. A former in-house counsel and business owner, he serves as general counsel for clients focused on expanding their operations, products, and services. Krueger earned his B.A from Marian University and his J.D. from Valparaiso School of Law.
Jason Morris is based in the firm's Newport Beach office, representing companies in all aspects of labor & employment law and business litigation. Whether offering practical advice on a wide range of day-to-day employment law issues, or navigating the complexity of all aspects of civil litigation defense, his focus is helping clients avoid potential legal landmines and keep their business assets protected. Morris brings significant leadership and trial experience to his practice, serving for nearly eight years on active duty in the United States Marine Corps as a Judge Advocate both in the Pentagon advising senior military and civilian leaders, and as a trial attorney successfully representing more than 300 cases, including over 10 trials to verdict. Morris earned his B.A. from Marian University, cum laude, and his J.D. from Indiana University Maurer School of Law.
About Newmeyer Dillion
For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 70 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's success and bottom line. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.
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Federal Defend Trade Secrets Act Enacted
July 14, 2016 —
Michael B. McClellan & Jason L. Morris – Newmeyer & Dillion LLPOn May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law,
creating a private federal civil cause of action for trade secret misappropriation. This landmark
legislation, a product of bipartisan backing and significant support from the business
community, will affect businesses and individuals operating in almost every economic sector
across the country. The DTSA will potentially be at issue any time an employee with access to
confidential, proprietary, and trade secret information moves on to a competitor or launches
a startup that competes with the former employer. This will be true so long as the product
or service that the trade secret relates to is either used in or intended for use in interstate
or foreign commerce. Under present commerce clause jurisprudence, the vast majority of
businesses providing products and services in the United States will be affected by this new law.
The DTSA will provide, for the first time, a codified federal civil remedy for
misappropriation of trade secrets. Although most states have adopted some version of the
Uniform Trade Secrets Act (“UTSA”), there remains significant variation between the states in
their application of the UTSA and litigants face significantly different statutory frameworks
depending upon which state holds jurisdiction over the dispute. In addition, prior to this
new law, litigants were limited to pursuing their claims for misappropriation of trade secrets
in state courts, unless federal diversity jurisdiction applied to the dispute. The DTSA changes
that dynamic, providing original federal subject matter jurisdiction over trade secret disputes.
Reprinted courtesy of
Michael B. McClellan, Newmeyer & Dillion and
Jason L. Morris, Newmeyer & Dillion
Mr. McClellan may be contacted at Michael.mcclellan@ndlf.com
Mr. Morris may be contacted at Jason.morris@ndlf.com
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The Other Side of the North Dakota Oil Boom: Evictions
May 13, 2024 —
Sarah Holder - BloombergWilliams County, North Dakota, is one of the biggest beneficiaries of the state’s fracking boom. In the past decade, millions of barrels of oil have been pumped from its land, and the population of its largest city, Williston, has doubled.
But as the oil flowed and workers poured in to staff the rigs, housing options quickly ran dry. The region’s uneven expansion has led to an eviction crisis for the county’s 39,000 residents, according to a recent paper from a group of sociologists affiliated with Princeton University’s Eviction Lab.
Williams County saw its eviction rate go from “nearly non-existent” in 2010 to over 7% a decade later, the study found. By 2019, at the height of its oil boom — when the state accounted for 11% of the country’s oil production — its eviction filing rate was comparable to that of large, renter-heavy cities like New York City or Philadelphia, according to Eviction Lab. Though oil production peaked in 2019, the problem hasn’t abated: From January through November 2023, more than 550 evictions were recorded by the Williams County Sheriff’s office, up around 30% from the previous full year.
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Sarah Holder, Bloomberg
Is Construction in Arizona Back to Normal?
September 10, 2014 —
William M. Kaufman – Construction Lawyers BlogThe Phoenix Metro area is finally pulling out of the Great Recession of 2008. Potential homebuyers are frantically looking to buy a home before interest rates rise and prices continue their ascent to normalcy. For the last several months, residential construction builders have continued to buy more land around the Valley of the Sun for new subdivisions, especially in North Phoenix and the East Valley. In fact, from January through May of 2013, in the Phoenix Metro area alone, 86 new communities have come to fruition—more than all of 2012. Nationally, single-family housing starts reached 667,000 in December 2013 according to the National Association of Home Builders tracking of single-family home starts, which is comparable to 1985 levels.
It has been well documented that since the conclusion of World War II, Arizona’s population growth fostered new home construction at a rapid, almost unmatched pace. At the 2006 construction peak, Arizona’s residential construction output climbed to 64,000, more than double the average 20,000 to 30,000 new homes that are typically constructed annually. Building rates have not come close to the 2006 numbers, but new home starts increased 70 percent since 2012.
So after six years after the real estate bubble popped, is the construction industry in Arizona finally back to normal? It depends on your definition of “normal.”
In 2009, foreclosures reached alarming proportions. However, in 2010, the engine of Arizona’s population growth, the Phoenix Metro area, began to grow again. Since 2010, Maricopa County had added 125,000 residents. There is strong demand for new housing, and appreciating housing prices has let the construction industry get back on its feet. In residential construction, supply is tight, and all cash offers are common. We all know that Wall Street played a huge role in creating the housing bubble, and eventual bust, by facilitating the use of risky, sub-prime mortgages and turning them into securities that were sold to investors, pension-funds, and the like.
Reprinted courtesy of
William M. Kaufman, Lockhart Park LP
Mr. Kaufman may be contacted at wkaufman@lockhartpark.com, and you may visit the firm's website at www.lockhartpark.com
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JAMS Announces Updated Construction Rules
June 21, 2021 —
JAMSIrvine, Calif. – JAMS, the largest private provider of
alternative dispute resolution (ADR) services worldwide, is pleased to announce it has revised and updated its
Construction Arbitration Rules & Procedures and
Expedited Construction Arbitration Rules & Procedures, effective June 1. These Rules were updated to reflect the latest developments and trends in
construction arbitration.
In response to the transition to virtual and hybrid proceedings, Rule 22 makes explicit the arbitrator’s full authority to conduct the hearing in person, virtually or in a combined form, as well as with participants in more than one geographic location. To support access to case documents throughout the proceedings, Rule 8 aligns electronic filing and service with the functionality of JAMS Access, a centralized, secure online case management platform.
Additional rules were created or revised to clarify and strengthen the authority of the arbitrator. Key changes include allowing an arbitrator to withhold approval of any intended change in party representation that could compromise the proceedings or the final award, to set a hearing without consulting a party that he or she reasonably believes will not participate and to permit a party to file a motion for summary disposition of a claim if the arbitrator believes that party has demonstrated the motion is likely to succeed.
About JAMS – Local Solutions. Global Reach.
Founded in 1979, JAMS is the largest private provider of alternative dispute resolution services worldwide. JAMS successfully resolves and manages business and legal disputes by providing efficient, cost-effective and impartial ways to overcome barriers at any stage of conflict. JAMS offers customized in-person, virtual and hybrid resolution services locally and globally through a combination of industry-specific experience, first-class client service, the latest technology and highly trained mediators and arbitrators.
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JAMS
