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TODAY'S TOP DEVELOPMENTS Thursday, April 9, 2015

 
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.

 CASE LAW

Trial Strategy
Can the Insured Introduce Evidence of the Length of the Insured-Insurer Relationship?
When an insured sues to collect payment of a claim under an allegedly cancelled insurance policy, may the insured introduce evidence of his or her longstanding relationship with the insurer? In a recent decision, a Florida appellate court ruled that the trial court should not have permitted the insured to highlight her approximately two decade relationship with her insurer in these circumstances, and it reversed judgment in her favor. Read More

Automobile Insurance

11th Circuit Affirms District Court's Decision Denying Insurer's Motion to Dismiss Claim that Its In-House Attorney Had Been Negligent
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court's decision denying an insurer's motion to dismiss a claim brought by its insureds that the insurer's in-house attorney had been negligent, leading to an excess judgment against the insureds. Read More

Homeowners Insurance
Statute of Limitations Began to Run When Insurer's First Letter Unequivocally Denied Insured's Claim, Not When Insurer Sent Second Letter, Court Rules
A federal district court in Arizona has dismissed an insured's bad faith claim against his insurer on statute of limitations grounds, rejecting the insured's contention that the statute began to run from the insurer's second letter denying coverage, not its earlier letter. The court determined that the statute began to run from the earlier letter because it unequivocally denied the insured's claim. Read More

Automobile Insurance
Insurer's Captive Agent Had Duty of Care to Customer, Illinois Supreme Court Holds
The Illinois Supreme Court has ruled that Illinois law imposed a duty on an insurance company's captive insurance agent to exercise ordinary care and skill in procuring the specific insurance coverage requested by the agent's customer. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Life Insurance

SEC Charges L.A.-Based Pacific West Capital Group with Fraud in Sale of Life Settlement Investments
Los Angeles-based Pacific West Capital Group Inc. and its owner Andrew B. Calhoun IV have been charged by the Securities and Exchange Commission with fraud in the sale of "life settlement" investments. Read More

Health Insurance

New York Law Now Requires Disclosure of Out-of-Network Medical Bills, Holds Consumers Harmless for Out-of-Network Bills in Certain Cases
A New York law that holds consumers harmless from any surprise or emergency out-of-network medical bills they receive from providers, and that requires enhanced consumer disclosures to patients, is now effective. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Over 40 Percent of Small Businesses Will Experience a Claim in the Next Decade, The Hartford Reports Read More

Endurance Specialty Holdings to Acquire Montpelier Re Holdings in $1.83 Billion Deal 
Read More

AIG Names Gaurav D. Garg CEO of Personal Insurance Read More

ACE and BlackRock Launch ABR Re 
Read More

Matthew Furman Is Appointed Group General Counsel at Willis Read More

View All Industry News
 
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Discussion
Causal Connection Between Workplace Accident and Injury

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 INSURANCE COVERAGE
 LAW REPORT
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View Entire March / April Insurance Coverage Law Report
 
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@SummitProNets.com
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@SummitProNets.com
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
Cort T. Malone, Anderson Kill, P.C.

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

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.

FC&S Legal: The Insurance Coverage Law Information Center
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