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Defective 150 Day Cure Notice No Defense To Foreclosure

Distressed Homeowners Take Another Hit In another court ruling against embattled homeowners facing foreclosure, the Massachusetts Appeals Court has ruled that a defective 150 day cure notice is not a valid defense to a foreclosure sale. The case is Haskins v. Deutsche Bank , [ enhanced version...

Make Sure You're Covered - Report All Claims And Potential Claims

By Ashley Moss Professional liability insurance carriers require their insureds to report claims timely as a condition to coverage. This is especially important at the time for renewal of insurance coverage, when the carrier will ask about knowledge of any claims or potential claims. Professionals...

Court Holds That a Coinsurer’s Notice of a Claim Brought Against a Mutual Insured Qualified as a Valid Tender Despite Policy Provision Requiring the Insured Itself to Provide Notice

Millennium Labs., Inc. v. Darwin Select Ins. Co., 2014 U.S. Dist. LEXIS 170439 (S.D. Cal. Dec. 9, 2014) , [ enhanced version available to lexis.com subscribers ]. In Millennium , the Southern District of California rejected an insurer’s argument that because a notice letter was sent from a coinsurer—rather...

Don’t Delay: Document, Document, Document & Document Some More

By Kevin A. Rust If you are being delayed on a project, it is critically important that you document the delay, how much it is costing you, and who or what is causing the delays. Many construction contracts have provisions that require notice of any defect to be provided. If you fail to give...

CA1 on Notice: Renaut v. Lynch

"We agree that the IJ dropped the ball and applied the wrong legal standard in reviewing Renaut's motion (albeit a different legal error from the one Renaut identified). The BIA likewise missed by affirming the IJ based on that incorrect legal principle. Therefore, we vacate the BIA's decision...

Virginia Federal Court Sustains Late Notice Disclaimer

In its recent decision in E Dillon & Co. v. Travelers Cas. & Sur. Co. of America , 2015 U.S. Dist. LEXIS 76295 (W.D. Va. June 12, 2015), [ enhanced version available to lexis.com subscribers ], the United States District Court for the Western District of Virginia, applying Virginia law, had occasion...

Florida District Court Issues Key Ruling in Mortgage Foreclosure Case

Previously, Florida appellate courts were strictly enforcing the acceleration requirements in mortgages. In Gorel v. The Bank of New York Mellon , Case No. 5D13-3272 (Fla. 5th DCA May 8, 2015), [ enhanced version available to lexis.com subscribers ], a Florida appellate court has now held that the failure...

USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

"USCIS is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily eligible for an immigrant visa and for...

There’s Been No “Tender” – Does Insurer Still Need To Respond?

We’ve all seen this issue. You are handling a claim for a certain insured, and in the course of doing so, you obtain information that another involved person or entity is also an insured and may have rights under the policy. But here’s the rub – this other person or entity has never...

Advance Copy of ICE Notice: Extension of EADs for Certain Haitian F-1 Students

"This notice informs the public of the extension of an earlier notice, which suspended certain requirements for F-1 nonimmigrant students whose country of citizenship is Haiti and who are experiencing severe economic hardship as a direct result of the January 12, 2010 earthquake in Haiti. This notice...

Fifth Circuit Holds Insurer Waived One-Year Reporting Requirement in Pollution Buy-Back Endorsement

In its recent decision in Cox Operating, L.L.C. v. St. Paul Surplus Lines Ins. Co., 2015 U.S. App. LEXIS 13318 (5 th Cir. July 30, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the United States Court of Appeals for the Fifth Circuit, applying Texas...

SJC Voids Foreclosure Over Defective Notice of Default

Ruling Enables Foreclosed Owner to Live in Premises For Over 6 Years, Leaving New Owner with Defective Title In a decision which could affect how title examiners and title insurance companies underwrite title to foreclosed properties, the Supreme Judicial Court has ruled that a lender’s defective...

California: Statute of Limitations in Workers’ Compensation

In the workers’ compensation world, there is a long held belief that the “tie goes to the injured worker.” This is especially true when it comes to the statutes of limitations. In fact, the 4th DCA in the case of Blanchard v. WCAB (1975) 53 Cal. App. 3d 590, 40 Cal Comp Cases 784 [...

Payment Bond Claim Notice Requires More than Mailing

It’s been a while since I posted something new relating to Virginia’s “ Little Miller Act ” and its various notice requirements for a subcontractor to make a payment bond claim . I have posted on the basics of a Virginia payment bond claim previously here at Musings. One of...

EOIR Notice of Meetings

"The Executive Office for Immigration Review (EOIR) has published in the Federal Register a proposed rule amending the regulations governing the requirements and procedures for authorizing representatives of non-profit religious, charitable, social service, or similar organizations to represent...

New Jersey Court Holds Demand Letter Is A Claim

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 121753, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], (D.N.J. Sept. 11, 2015), the United States District Court for the District of New Jersey had occasion to consider...

Supreme Court Addresses Really, Really Late Notice: Like, After Settlement

Tapas: Small Dishes of Insurance Coverage News & Notes An insured settled a case and then gave notice to its insurer. As you may expect, the Supreme Court of Nebraska in Rent-A-Roofer, Inc. v. Farm Bureau Property & Casualty Ins. Co., No. S-14-895 (Neb. Sept. 11, 2015), [subscribers can access...

New York Court Holds Disclaimer Letter Untimely

In its recent decision in Endurance American Specialty Ins. Co. v. Utica First Ins. Co ., 2015 N.Y. App. Div. LEXIS 7272 (N.Y. 1 st Dep’t Oct. 8, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the New York Appellate Division, First Department, reinforced...

Very Significant Duty To Defend Case: If You Read Only One Article In This Issue Of Coverage Opinions….

If you read only one article in this issue of Coverage Opinions, make it the one about my webinar – “The Definitive Reservation of Rights Checklist: 50 Things That Every ROR Needs.” If you read two, make this one the other. There have been a lot of cases over the past few years,...

The Cloud Dissipates (a bit)

Remember HB 1265, [subscribers can access an enhanced version of this legislation: lexis.com | Lexis Advance ], that I discussed here at Musings back on February 6, 2012? Well, thanks to the efforts of the AGC of Virginia among other groups affected by the bill, it has been amended and a substitute proposed...

About Time! New ALJ Regulations Finally Final

By Thomas C. Fitzhugh III, Fitzhugh & Elliott, P.C., Houston, Texas The comment period for proposed new regulations for ALJ proceedings closed more than two years ago. For months we were promised that the new rules would be forthcoming “soon.” In May the final rules were published...

Massachusetts: Where Employer Has Two Comp Carriers, Claim Should Be Apportioned Between Them

Where an employer had two primary workers’ compensation insurance policies providing coverage for the same loss arising from injury to an employee and the employer notified only one of the insurers, who accordingly paid the claim, that insurer had a right of equitable contribution to ensure that...

CA5 on Notice, Abuse of Discretion: Torres Hernandez v. Lynch

Torres Hernandez v. Lynch, June 8, 2016 - "Petitioner Torres Hernandez was ordered removed in abstentia on January 13, 2010. He filed a motion to reopen on the basis that he was unaware that a notice to appear had been issued years earlier and he never received a notice of a hearing. The Board of...

Employer Lacked Sufficient Notice of Alleged Industrial Injury to Trigger Duty to Provide Claim Form, Notice of Benefits: Cal. Comp. Cases August Advanced Postings (8/17/2016)

Here’s the latest batch of advanced postings for the August 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Susan Ostini , Petitioner v. Workers'...