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| TODAY'S TOP DEVELOPMENTS |
Thursday, April 21, 2016 |
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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
Can a Policyholder Get a Jury Trial on an Insurer's Equitable Rescission Claim?
There is little dispute that rescission claims brought by insurance carriers are equitable claims for which there is no right to a jury trial. Similarly, an insured's breach of contract action against an insurance company is legal in nature, and the insured can demand a trial by jury. A recent decision by a federal district court in California, however, suggests that an insured may be able to obtain a jury trial on an insurer's rescission claim by asserting a breach of contract action. Read More
Commercial General Liability
Florida Appeals Court Affirms Coverage for Claims Seeking Damages for Robo Calls
An appellate court in Florida has affirmed a trial court's decision finding coverage for claims seeking damages for "robotic" telephone solicitations in violation of the Washington Consumer Protection Act. Read More
Verdicts & Settlements
$14.9 Million Jury Verdict Where Driver Blamed Car's Design Defect for Injuries
A California jury has awarded plaintiffs $14,967,421 in a case charging that a car's design defect had caused injuries in an accident. Read More
Case Study
How a Settled Coverage Dispute Still Led to Litigation Between the Insurer and the Insured
Negotiated settlements between insurers and insureds sound like a good way to limit litigation. But as a recent decision by the U.S. District Court for the Eastern District of California illustrates, ambiguities in a settlement agreement can mean that litigation continues – over the settlement agreement, if not the underlying coverage dispute. Read More |
View All Case Law Developments |
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In the States
New York Accuses Insurer of Failing to Cover Medically Necessary Care and Deceiving Members About Scope of Coverage
The New York State Attorney General's office has filed a lawsuit against Capital District Physician's Health Plan alleging that the insurer unlawfully restricted coverage of treatment for chronic Hepatitis C infection. Read More
In the States
Oklahoma Insurance Commissioner Orders Hearing on Earthquake Insurance Rate Increases
Oklahoma Insurance Commissioner John D. Doak has ordered a public hearing to investigate a rise in earthquake insurance rates. Read More |
View All Legislative/Regulatory Developments |
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| Craig Landi Joins Argo Group to Lead U.S. Professional Lines Business Read More |
GEICO and BoatUS Reveal the Top 6 Causes of Boat Fires Read More |
Daniel Prince Joins Hamilton Underwriting as Head of Professional Indemnity Read More |
FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Ohio" Read More |
Former Manulife Chairman and CEO Syd Jackson Has Died Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire Spring 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, 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. |
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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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