Problems viewing this email? Click Here
230px_FCSL-logo  
598px_newFC&S-Topper

 
TODAY'S TOP DEVELOPMENTS Thursday, September 24, 2015

 
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.

 CASE LAW

Attorney's Fees
Massachusetts Appeals Court Rejects Lawyer's Argument that ALJ Could Not Adjust Legal Expenses Down When Approving Lump Sum Workers' Comp Settlements – and Refers Case to Board of Bar Overseers
An appellate court in Massachusetts has rejected a lawyer's argument that, in considering whether to approve a lump sum worker's compensation settlement agreement under Massachusetts' Workers' Compensation Act injuries to a worker, an administrative judge of the Department of Industrial Accidents or a law judge on the Department's reviewing board was absolutely foreclosed from reviewing the authenticity of the legal expenses and from adjusting those expenses downward. The appellate court also found that the lawyer's appeal was "frivolous and worthy of sanctions" and it referred the case to Board of Bar Overseers. Read More

Subrogation
Washington Appeals Court Affirms $537,612 Subrogation Award – and Attorneys' Fees of $627,982 – to Insurer Against Dryer Manufacturer
In a subrogation action brought by an insurer against a dryer manufacturer following a fire in the insured's home, an appellate court in Washington has affirmed a trial court's decision awarding $537,612 to the insurer on the subrogation claim – and attorneys' fees and costs to the insurer in the amount of $627,982.62. Read More

Verdicts & Settlements
Distracted Driver Who Admitted Liability But Disputed Damages Is Ordered to Pay $30,000
A jury has awarded a plaintiff $30,000 for injuries he suffered when he was rear-ended in an accident in Greenville, South Carolina. Read More

Automobile Insurance
Motorcyclist Rebuts Presumption of "Following-Driver's Negligence" in Non-Contact "Phantom" Vehicle Coverage Dispute
The U.S. District Court for the Middle District of Florida, in denying an auto insurer's motion for summary judgment, has ruled that an insured motorcyclist had rebutted the presumption of negligence on his part in connection with an alleged non-contact accident with a "phantom" vehicle. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Insurer Insolvency

Affirmative Insurance Company Ordered into Rehabilitation in Illinois
Affirmative Insurance Company has been ordered into rehabilitation and Anne Melissa Dowling, Illinois Acting Director of Insurance, has been named rehabilitator. Read More

Insurance Fraud
15 Indicted in Alleged $150 Million Insurance Fraud
An orthopedic surgeon, his personal attorney, and a cadre of assistants have been charged in Los Angeles with operating one of the largest insurance frauds in state history. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
U.S. Department of Transportation Announces up to $42 Million in Awards for Next Generation Connected Vehicle Technologies Read More

MetLife Announces Third Quarter Non-Cash Charge of $792 Million Stemming from Recent Second Circuit Rulings 
Read More

Canopius and Sompo Form Integrated Reinsurance Business 
Read More

Berkshire Hathaway Specialty Insurance Unveils Inland Marine Insurance Products in the U.S. 
Read More

ArgoGlobal and Asia Capital Re to Launch Lloyd's Special Purpose Syndicate 
Read More

View All Industry News
 
170px_TodaysFocus_Imag-3
Q&A
Collapse of Solar Panels due to Weight of Snow

168px_Insurance-Coverage-Analysis

Browse our entire library of over 2,500 insurance resources and forms.
 
 INSURANCE COVERAGE
 LAW REPORT
182px_ICL_SEPT_OCT.jpg

View Entire Septmeber/October Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@alm.com
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com
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.
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

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.

FC&S Legal: The Insurance Coverage Law Information Center
linkedIn_32
 
 LinkedIn

 
To ensure future delivery of email, please add admin@list.nationalunderwriter.com
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
Copyright ©2015 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved.
120px_ALM_NT_CMYK_Small
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018
1-800-543-0874