The National Law Review
MAY 10, 2019
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Carlton Fields
Barnes & Thornburg LLP

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Insurance & Reinsurance News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no login to access the database and new articles are added hourly. Check out the National Law Review's Insurance Page for the latest coverage.
Womble LogoThe Eleventh Circuit recently held that sending a fax in violation of the TCPA is not considered an “accident” in determining whether coverage existed for TCPA claims under a commercial general liability insurance policy.  In G.M. Sign, Inc. v. St. Paul Fire & Marine INS.  the Eleventh Circuit affirmed a decision by the District Court for the Northern District of Georgia denying insurance coverage for TCPA liability involving a party who sent junk faxes to recipients whom it thought had consented to receiving such faxes.  More on the Court Decision Here>
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A tricky situation faced by insurers is challenging consent judgments coupled with covenants not to execute. An insured’s desire to protect his or her personal assets makes entering into a covenant not to execute, and thereby settling without the consent of the insurer, compelling. “The claimant’s willingness to give the insured a covenant not to  execute against the insured’s assets is what makes settling without the insurer’s consent so enticing to the insured.”  More on Covenants Not to Execute Here>
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In response to numerous comments regarding the California Consumer Privacy Act (CCPA), on February 21, 2019, Assembly Member Tom Daly (D-CA 69th) proposed AB 981, designed to clarify the privacy protection laws applicable to insurers. In its current form, the bill would (1) exempt insurance institutions, agents and support organizations from certain provisions of the CCPA and (2) amend California’s Insurance Information and Privacy Protection Act (IIPPA) to harmonize definitions and incorporate certain CCPA concepts.  More on CCPA Insurance Amendments Here>
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The 2018 Farm Bill, which was signed in to law in December 2018, exempts hemp and hemp-derived products, including hemp-derived CBD, from the Controlled Substances Act (CSA). In the lead-up to passage of the Farm Bill, there was widespread confusion in the public as to the extent of the “legality” of hemp-derived CBD, with many commentators and even some legal experts conflating legality under the CSA with legality under the Food Drug and Cosmetics Act (FDCA) and state food and drug laws.   More on CBD Risk Management Here>
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