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TODAY'S TOP DEVELOPMENTS |
Tuesday, March 24, 2015 |
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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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Trial Strategy
The Insurer’s Burden of Proof on a Material Misrepresentation Defense and Its Counterclaim for Statutory Fraud
The burden of proof imposed on an insurer in an insurance coverage/insurance fraud case often can determine the outcome. A recent decision by a U.S. magistrate judge on an insurer’s material misrepresentation defense (asserted in connection with its denial of the insureds’ claim) and on the insurer’s counterclaim for statutory fraud illustrates the analysis undertaken by courts to determine the applicable burden of proof in these situations. Read More
Directors & Officers
Corporate Officer Found Personally Liable under Indemnification Agreement Required by Insurer that Issued Surety Bonds to His Company
The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by a federal district court in Michigan, has ruled that a corporate officer who twice signed an indemnity agreement in favor of an insurance company that issued surety bonds to the company was personally liable to the insurer under the agreement. Read More
Automobile Insurance
Insurer Sufficiently Notified Insureds that PIP Reimbursement Would Be Limited to Medicare Fee Schedules, Florida Appeals Court Decides
An appellate court in Florida, reversing a trial court’s decision, has ruled that policy language was sufficient to notify insureds that the insurer was using Medicare fee schedules to limit personal injury protection benefit reimbursements and that no “magic words” were required to provide such notice. Read More
Excess v. Prime
Excess Insurer Found Entitled to Damages from Primary Insurer Where Primary Insurer Settled Suit Against One Insured But Never Sought to Protect Second Insured
The U.S. Court of Appeals for the Eleventh Circuit, reversing a Florida district court’s decision, has ruled that an excess insurer was entitled to damages from the primary insurer where the primary insurer settled a lawsuit against one of its insureds but “never sought to protect both of its insureds.” Read More |
View All Case Law Developments |
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Superstorm Sandy
FEMA Creates Superstorm Sandy Web Site to Inform Policyholders of “Sweeping Reforms”
The Federal Emergency Management Agency has created a web site to inform National Flood Insurance Program policyholders affected by Superstorm Sandy of new developments. Read More
In the States
Cigna V.P. Katharine L. Wade Becomes Connecticut Insurance Commissioner
Katharine L. Wade, the vice president of public policy, government affairs, and U.S. compliance at Cigna, has been chosen by Connecticut Governor Dannel P. Malloy to become commissioner of the Connecticut Insurance Department. Read More
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View All Legislative/Regulatory Developments |
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GEICO Debuts Ridesharing Product in Maryland Read More |
Captive Insurance Companies Association Re-Elects Scott Beckman Board Chair and Names New Officers Read More |
Enrollment in Health Benefits through Towers Watson’s Exchange Solutions Expected to Reach about 1.2 Million in 2015 Read More |
Palomar Specialty Insurance Launches Residential Windstorm-Hurricane Insurance in Hawaii Read More |
Collapse of an Insurance Empire Examined in the Wall Street Journal Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire March / April Insurance Coverage Law Report |
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View Insurance Coverage Law Report Archives |
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FC&S Legal Editorial Advisory Board |
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Schuyler, Roche & Crisham, 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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC |
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Cort T. Malone, Anderson Kill & Olick, P.C.
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
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@SummitProNets.com.
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FC&S Legal: The Insurance Coverage Law Information Center |
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