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| TODAY'S TOP DEVELOPMENTS |
Tuesday, June 14, 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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Automobile Insurance
“Living With” Was Unambiguous, West Virginia’s Top Court Holds in Denying UIM Benefits under Father’s Policy to Unmarried, Un-Emancipated Daughter Living With Mother
West Virginia’s highest court, the Supreme Court of Appeals of West Virginia, has ruled that the phrase “living with” in an automobile insurance policy was unambiguous and that the insured’s 23-year-old unmarried, un-emancipated daughter did not live with the insured but with her mother. Read More
Automobile Insurance
Allegations in Complaint Establish Amount in Controversy, Michigan Supreme Court Decides in Suit Seeking No-Fault Damages
The Michigan Supreme Court has ruled, in a lawsuit against an automobile insurance carrier seeking no-fault damages, that the allegations in the complaint established the amount in controversy for purposes of a Michigan law granting Michigan district courts “exclusive jurisdiction in civil actions when the amount in controversy does not exceed $25,000.00.” Read More
Attorney's Fees
Trial Court May Include Attorneys’ Fees Awarded to Insured After Jury Verdict When Calculating Punitive-Compensatory Ratio, California Supreme Court Rules
The California Supreme Court, reversing a decision by an intermediate appellate court, has ruled that a trial court may include the attorneys’ fees an insured was compelled to expend to obtain insurance benefits to which the insured was entitled when the trial court is calculating the punitive damages-compensatory damages ratio, regardless of whether the fees were awarded by the trier of fact as part of its verdict or were determined by the trial court after the verdict was rendered. Read More
Attorney-Client Privilege
Shared Attorney-Client Communications Must Relate to Litigation to Be Protected, New York’s Highest Court Rules in Insurer’s Lawsuit
In a lawsuit brought by an insurance company, New York’s highest court, the New York Court of Appeals, has ruled that attorney-client communications disclosed to third parties were protected by the attorney-client privilege under the common interest doctrine only where (i) the third parties shared a common legal interest with the client who made the communication; (ii) the communication was made in furtherance of that common legal interest; and (iii) the communication related to pending or anticipated litigation – not just to “any” common legal interest. Read More |
View All Case Law Developments |
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In the States
Half Million Missouri Homeowners at Risk as Earthquake Insurance Market Continues to Shrink, Missouri Insurance Regulator Says
More than a half million Missourians are at risk because of the contracting earthquake insurance market, Missouri Department of Insurance Director John M. Huff said at a recent insurance symposium. Read More
In the States
NAIC Releases First Volume of New Insurance Department Resources Report
The National Association of Insurance Commissioners has released the first volume of the 29th edition of the Insurance Department Resources Report. Read More |
View All Legislative/Regulatory Developments |
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| FC&S Legal Publishes “Texas Federal Court Finds Factual Allegations Trump Legal Theories for Coverage Purposes” Read More |
Erie Insurance Names Timothy G. NeCastro President and CEO-Designate Read More |
Munich Re U.S. Appoints Joe Stuhl to New Broker Executive Role in Reinsurance Division Read More |
GEICO Ridesharing Product Now in 24 States Read More |
Global Rescue Teams with IMG to Introduce Travel Insurance Program Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire Summer 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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