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| TODAY'S TOP DEVELOPMENTS |
Monday October 6, 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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Life Insurance
No Benefits to Widow Where Life Policy Was Canceled While Husband Was on a Special Conflict Military Leave of Absence from His Employer, Court Rules
A federal district court in New Jersey has upheld an employee benefit plan administrator's decision that a widow was not entitled to receive life insurance benefits following her husband's death where the policy had been cancelled for nonpayment of premiums while he was on a special conflict military leave of absence from his employer. Read More
Environmental Liability
Court Denies Insurer's Motion to Dismiss Coverage Action in Case Alleging Dust and Lead Pollution
A federal district court in California has denied an insurance company's motion to dismiss a breach of contract claim in a coverage action stemming from allegations that sandblasting caused dust and lead to damage a neighboring property, finding that the insurer had not demonstrated that either the policy's total pollution exclusion or its lead exclusion barred coverage. Read More
Subrogation
Alabama Supreme: Statute of Limitations Bars Insurer's Subrogation Claim Against Alleged Tortfeasor
The Alabama Supreme Court has ruled that an insurance company's cross-claim against an alleged tortfeasor, asserting a subrogation theory of recovery, was barred by a two year statute of limitations, and that the statute began to run at the time of the auto accident involving the alleged tortfeasor and the insured. Read More
Commercial General Liability
Insurance Premium Finance Company's Suit Against Bankrupt Debtor's Wife, a Non-Debtor, Did Not Violate Bankruptcy Law, Court Says
A federal bankruptcy court in Alabama has ruled that a lawsuit brought by an insurance premium finance company against a non-debtor woman whose husband was in bankruptcy did not violate the automatic stay in the husband's bankruptcy case because the suit was not filed against the husband or property of his bankruptcy estate. Read More |
View All Case Law Developments |
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In the States
New California Law Allows Consumers to Designate a Contact to Receive Lapse and Missed Payment Notices
Assembly Bill 1804, which has been signed into law by California Governor Edmund G. (Jerry) Brown Jr., allows consumers to designate a third party as their back-up contact to receive notification from their insurance carrier if a consumer's policy is in danger of lapsing, expiring, or being terminated or cancelled due to nonpayment of premium. Read More
Life Insurance
John Hancock Life to Refund Seniors Over $550,000 for Alleged Sales of Unsuitable Insurance Policies and Annuities
John Hancock Life Insurance Company (U.S.A.), along with its subsidiary broker-dealer, has agreed to refund senior citizens in Massachusetts more than $550,000 to settle allegations that it failed to supervise one if its representatives, permitting him to sell unsuitable variable life insurance policies, variable annuities, and other insurance and financial products. Read More
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View All Legislative/Regulatory Developments |
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| Bauknight, Pietras & Stormer Partner Bryan Hudson Named South Carolina Captive Insurance Association's Captive Person of the Year Read More |
Bristol-Myers Squibb to Transfer $1.4 Billion in U.S. Pension Obligations to Prudential Read More |
Great American Insurance Offers Private Solution to Reduced Unemployment Benefit Periods in Florida, Georgia, Michigan, Missouri, and South Carolina Read More |
AmTrust Financial Services Completes Acquisition of Comp Options Insurance Company Read More |
Davis Wright Tremaine Attorney Carol Bernick Appointed CEO of Oregon State Bar Professional Liability Fund Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire October/November 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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