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TODAY'S TOP DEVELOPMENTS |
Tuesday, September 27, 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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Professional Liability Insurance Insurer May Introduce Evidence Outside Underlying Complaint in D.J. Action, Seventh Circuit Rules
The U.S. Court of Appeals for the Seventh Circuit, reversing a decision by the U.S. District Court for the Northern District of Illinois, has ruled that an insurer seeking a declaratory judgment on its duty to defend was entitled under Illinois law to introduce evidence outside the underlying complaint so long as it did not implicate an “ultimate issue” in the underlying action. Read More
Employee Benefits
GoDaddy’s Claim Is Gone: Court Finds ERISA Preemption of Breach of Contract Action Against Plan Participant
A federal district court in Arizona has dismissed a breach of contract claim brought by GoDaddy.com LLC and the GoDaddy.com LLC Welfare Benefit Plan against a plan participant that sought to recover settlement proceeds he had received after a motorcycle accident. Read More
Attorney’s Fees
LRRA Preempted Alaska’s Statutory Prohibition on Reimbursement of Fees and Costs Incurred by Insurer Defending Non-Covered Claim, Ninth Circuit Decides
The U.S. Court of Appeals for the Ninth Circuit, reversing a decision by the U.S. District Court for the District of Alaska, has ruled that the federal Liability Risk Retention Act of 1986 preempts an Alaska law prohibiting reimbursement of attorneys’ fees and costs incurred by an insurer defending a non-covered claim. Read More
Exclusions
Kentucky Law Did Not Require Formal Notice of Policy Change Unless Policy Was Ambiguous, District Court Declares
A federal district court in Kentucky has ruled that Kentucky law did not require formal notification of an insurance policy change unless the insurance contract was ambiguous. Read More |
View All Case Law Developments |
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Federal Actions
Democratic Congressmen Seek Delay of Enrollment Deadline Due to “Drastic Insurance Premium Hikes” for Some Federal Employees
Three Democratic congressmen are seeking justification for what they characterized as “outrageous premium increases” and “lack of adequate communication” in the Federal Long Term Care Insurance Program and have urged the Office of Personnel Management to extend the September 30 enrollment deadline. Read More
Insurance Fraud
N.Y. Body Shop Owner Pleads Guilty to Insurance Fraud and Tax Fraud
Aniello Strocchia, the owner of BM Auto Collision, Inc., headquartered in Maspeth, New York, has pleaded guilty to defrauding insurance companies and failing to pay sales tax to the state. Read More |
View All Legislative/Regulatory Developments |
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Securian Introduces Life Insurance Policy With Built-In Living Benefits for Chronic and Terminal Illness Read More |
Nearly One Third of Americans Comparison Shop for Healthcare, but Few Have Full Understanding of Basic Insurance Concepts, UnitedHealthcare Survey Shows Read More |
Kemper Enhances Its Life Insurance Claims Procedures Read More |
Bankers Life Launches Hospital Indemnity Insurance Plan Read More |
Insurance Providers Focus on Customer Experience as Rates Remain Relatively Stable, J.D. Power Study Finds Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire Fall 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, Cope Ehlers, 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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