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| TODAY'S TOP DEVELOPMENTS |
Friday, August 19, 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
"Good Luck" to "Average Insurance Buyer" in Deciphering "Other Insurance" Clause, Idaho Supreme Court Declares in Rejecting Insurer's Interpretation
The Idaho Supreme Court has ruled that, notwithstanding the same "Other Insurance" clause in two separate auto policies issued by an insurer to divorced parents, the insurer had to pay the policy limit of $300,000 on each of the policies for the benefit of the parents' son, who had been severely injured in an auto accident. Read More
Endorsements
Illinois Appeals Court Rules That Insurer Breached Duty to Underlying Plaintiff to Update Interrogatory Answer, and Bars It from Capping Its Liability at $50,000 Instead of $1 Million
An appellate court in Illinois has ruled that an insurance company had a duty under the Illinois rules of professional conduct to update an interrogatory answer for the benefit of the plaintiff who was suing its insured. The carrier's failure to do so meant that it could not rely on a policy endorsement that would have limited its liability to $50,000 — instead of the $1 million that it initially had stated in the interrogatory answer. Read More
Superstorm Sandy
N.J. District Court Dismisses Homeowner's Extra-Contractual and Tort Claims in Superstorm Sandy Case
A federal district court in New Jersey, in a Superstorm Sandy insurance coverage dispute, has dismissed extra-contractual and tort claims for bad faith, pre-judgment and post-judgment interest, punitive damages, attorneys' fees, and other consequential damages brought by a homeowner under a standard flood insurance policy, and has refused to permit the homeowner to amend his complaint to assert a claim for fraud and misrepresentation against the insurer. Read More
Automobile Insurance
West Virginia District Court Finds No Coverage for Claims Insured Drove Vehicle to Places Where He Shot Two People to Death
A federal district court in West Virginia has ruled that an insurance company did not have to defend claims asserting that its insured had used his truck to drive to a business where he shot and killed one person, and that he then shot and killed a second person while driving his truck. Read More |
View All Case Law Developments |
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Homeowners Insurance
FAIR Plan to Refund Consumers $350,000 Over Allegations It Unfairly Cancelled Homeowners Policies
The Attorney General of Massachusetts, Maura Healey, has reached a settlement with the Massachusetts Property Insurance Underwriting Association, which agreed to pay $350,000 to resolve allegations that it impermissibly cancelled homeowners insurance policies between January 2010 and February 2014. Read More
In the States
NAIC to Hold Public Hearing on Long-Term Care Insurance Market
The National Association of Insurance Commissioners will be holding a public hearing to address the future of the long-term care insurance market. Read More |
View All Legislative/Regulatory Developments |
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| Atlantic Hurricane Season Still Expected to be Strongest Since 2012 Read More |
Competitive Market Boosts Satisfaction with Small Commercial Insurers; Gen Y Satisfaction Spikes Well Above Others, J.D. Power Study Finds Read More |
Insurance Litigation Partner Neel Lane Joins Norton Rose Fulbright in San Antonio Read More |
Insurance Coverage Litigator John Benford Joins Wilson Elser's Orlando Office Read More |
Locke Lord Adds William Primps as Partner in New York 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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