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| TODAY'S TOP DEVELOPMENTS |
Wednesday, April 16, 2014 |
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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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Automobile Insurance
"Loss of Consortium" Is Not "Bodily Injury," Federal Court Rules
A federal district court in Oregon has ruled that an automobile insurance company was not obligated to compensate a husband for "loss of consortium" following his wife's injury where "bodily injury" as defined in the policy did not include loss of services. Read More
Commercial General Liability
Court Rejects Insurer's Bid to Reform Nightclub's Policy, After a Fight, to Add "Assault and Battery" and "Restaurants and Bars" Endorsements
A federal district court in Florida has rejected an insurance carrier's efforts to reform a commercial general liability insurance policy it had issued to a nightclub to add "assault and battery" and "restaurants and bars" endorsements that the insurer alleged had been omitted in error. The court found that the failure to have included those endorsements in the policy had been a unilateral mistake of the insurer, which it said it would not correct. Read More
Trial Strategy
Can an Insured Name an Adjuster as a Defendant to Defeat Diversity?
In coverage actions, generally speaking, policyholders want to be in state court and insurance carriers want to be in federal court. Therefore, when an insured brings a state court suit against an insurer, it may face the risk of removal to federal court. An insured may attempt to preempt that by naming a non-diverse defendant. In these situations, can the non-diverse defendant be a claims adjuster? A recent decision by a federal district court in Texas explores that, highlighting the issues that both insureds and insurers should consider when faced with this situation. Read More
Eye on the Experts
Bad Faith Compendium: North Carolina
Insurance bad faith law is like a quilt, a patchwork that varies from square to square - in this instance, common law decisions, statutes and codes that differ widely from state to state. Insurer conduct that is benign in one jurisdiction may rise to the level of bad faith conduct in another. The 14th installment of the compendium reviews bad faith law in North Carolina. Read More |
View All Case Law Developments |
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Alternative Risk and Captives
DOL Approves Intel's Request to Fund Benefits in Its Captive
The U.S. Department of Labor has approved the application of Intel Corporation to fund its employee benefits in its captive. Read More
Insurance Fraud
California Insurance Agent Sentenced to Five Years for Ponzi Scheme Targeting Latino Seniors
Michael Zuno Zuniga, a licensed insurance agent in Fullerton, California, has been sentenced to five years in Los Angeles County Jail and ordered to pay $1.2 million in restitution for his participation in a Ponzi scheme targeting Los Angeles area seniors. Read More
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View All Legislative/Regulatory Developments |
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| Ironshore Personal Lines Adds Endorsement Option for High Net Worth Homeowners' Fine Art and Valuables Read More |
Aspen Insurance Rejects Endurance Specialty Holdings' Acquisition Offer Read More |
Insurance Capacity in the Global Energy Markets Leaps to the Highest Level This Century, According to Willis Group Read More |
XL Group Promotes Michael Gramm to Manage Surplus Lines' Excess Business Read More |
"Don't Take Any Wooden Nickels: Lawyers as Targets of Lucrative Scams" is Published in FC&S Legal's Flagship Publication, the Insurance Coverage Law Report Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire 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, Tressler 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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