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| TODAY'S TOP DEVELOPMENTS |
Friday, February 10, 2017 |
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Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.
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Environmental Liability
N.J. Supreme: Policy's Anti-Assignment Clause Did Not Bar Assignment of Post-Loss Claim — Even in Absence of Money Judgment
The New Jersey Supreme Court, adopting the majority rule, has held that once an insured loss has occurred, an anti-assignment clause in an occurrence policy may not provide a basis for an insurer to decline coverage based on the insured's assignment of the right to invoke policy coverage for that loss — even if the loss has not been reduced to a money judgment. Read More
Claims Resolution
Massachusetts Top Court Limits Bad Faith Awards Against Insurers
The Massachusetts Supreme Judicial Court has ruled that post-judgment interest in a bad faith case against an insurance company should not be included in the amount that is doubled or trebled under Massachusetts law. Read More
Superstorm Sandy
Neither Policy's Flood Exclusion Nor Its Anti-Concurrent Causation Clause Warranted Dismissal of Insured's Breach of Contract Claim in Superstorm Sandy Case, N.Y. Trial Court Rules
A New York trial court has ruled that neither the flood exclusion nor the anti-concurrent causation clause in a general liability and commercial property insurance policy warranted dismissal of a breach of contract claim brought by a property owner against its insurer for damages allegedly resulting from Superstorm Sandy. Read More
Workers Compensation
Workers Comp Insurer's Right to Inspect Premises Did Not Create Duty to Protect Employee from Asbestos Exposure, Louisiana District Court Says
A federal district court in Louisiana has ruled that a workers compensation insurance company that had the right to inspect its insured's premises and otherwise involve itself in workplace safety did not have a duty to protect its insured's employees from exposure to asbestos. Read More |
View All Case Law Developments |
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In the States
Illinois Insurance Department Levies $560,000 Civil Forfeiture Against California-Based Zenefits
The Illinois Department of Insurance has reached an agreement with YourPeople, Inc., d/b/a Zenefits FTW Insurance Services providing that the California-based human resources software and insurance brokerage company will pay a civil forfeiture of up to $560,000 to settle allegations that it violated Illinois insurance law. Read More
Alternative Risk and Captives
Vermont Licensed 26 New Captives in 2016
Vermont licensed 26 new captive insurance companies in 2016, according to data released by the Vermont Department of Financial Regulation. Read More |
View All Legislative/Regulatory Developments |
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| Increase in Smart Home Devices Adds New Hacking Risks, HSB Cyber Survey Shows Read More |
Canada Snapshot: 77 Percent Feel Entitled to Workplace Health Benefits Read More |
Berkshire Hathaway Travel Protection Identifies Potential Five Percent Increase to Travel Insurance Sales Read More |
Blockchain Insurance Industry Initiative Now Boasts 15 Members Read More |
Securian Introduces "Expedited, Less Invasive Underwriting Program" for "Healthiest" Life Insurance Applicants Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire Winter Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com |
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| FC&S Legal Editorial Advisory Board |
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Cope Ehlers, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Chadbourne & Parke LLP
Michele L. Jacobson, Stroock & Stroock & Lavan LLP
Timothy P. Law, Reed Smith LLP
Cort T. Malone, Anderson Kill, P.C. |
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Richard D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
Thomas F. Segalla, Goldberg Segalla
David D. Thamann, The National Underwriter Company |
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FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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