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TODAY'S TOP DEVELOPMENTS |
Friday, August 15, 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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Personal Umbrella
In Decision with Potential Insurance Implications for Ridesharing Services, Appellate Court Finds that Car Was Not Being Driven for Business Purposes at Time of Accident
An appellate court in Illinois has ruled that an insurance carrier had not demonstrated the applicability of what the appellate court characterized as the business purposes "exclusion" in the insured's personal liability umbrella policy. The ruling very well may have implications for insurance coverage in cases involving ridesharing services such as Uber and Lyft. Read More
Homeowners Insurance
Another Issue for People Still Living in Their Foreclosed Homes: Insurance Coverage May Be Void
The U.S. Court of Appeals for the Fifth Circuit, affirming a district court's decision, has ruled that under applicable Mississippi law an insurance company could rescind a homeowner's insurance policy where it had been renewed by homeowners after they lost ownership to foreclosure and the application indicated that the home would be owner occupied. Read More
Commercial Auto
In Case of First Impression, NY Appeals Court Rules that Employee Allegedly Injured in Accident with Co-Employee May Not Obtain Uninsured Motorist Benefits under Their Employer's Auto Policy
In a case of first impression, an intermediate appellate court in New York has ruled that an employee who was injured in a motor vehicle accident while in the course of her employment, and who was barred by the exclusive remedy provisions in the state's workers' compensation law from suing a co-employee based on negligence, was not entitled to supplementary uninsured/underinsured motorist benefits under her employer's automobile liability insurance policy. Read More
Health Insurance
Rejecting Self-Insurers' Arguments, Sixth Circuit Rules that ERISA Does Not Preempt Michigan's Health Care Tax
The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by a federal district court in Michigan, has ruled that the Employee Retirement Income Security Act of 1974, or ERISA, does not preempt a Michigan law imposing a tax on claims paid to health care providers by carriers or third party administrators. Read More |
View All Case Law Developments |
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In the States
NAIC Releases Second Volume of Insurance Department Resources Report
The National Association of Insurance Commissioners has released the second volume of the 27th edition of the Insurance Department Resources Report. Read More
Health Insurance
Anthem BlueCross to Return Nearly $8 Million to Missouri Policyholders
The Missouri Department of Insurance has reached a settlement with subsidiaries of Anthem BlueCross BlueShield of Missouri pursuant to which the insurers will return $7.8 million to Missouri policyholders. Read More
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View All Legislative/Regulatory Developments |
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Insurance Research Council Study Finds a Declining Trend in the Percentage of Uninsured Motorists Read More |
Former Treasury Insurance Sanctions Official David J. Brummond Joins DLA Piper Read More |
Liberty Mutual Data Shows Parents Admit to Engaging in the Same Dangerous Driving Behaviors They Warn Their Children Against Read More |
Insurance Executives Expect Significant Uptick in M&A Activity, KPMG Survey Finds Read More |
Insurer Attorney Stevi Siber-Sanderowitz Joins Nelson Brown & Co. Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire August 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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