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TODAY'S TOP DEVELOPMENTS Wednesday, October 28, 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

Automobile Insurance
Delaware Supreme: Auto Insurers May Distinguish Among Beneficiaries Based on Relationship Status for PIP Benefits
The Delaware Supreme Court, reversing a trial court's decision, has ruled that an automobile insurance company can distinguish among beneficiaries based on relationship status under Delaware law for purposes of personal injury protection benefits. Read More

Commercial Auto
Delaware Supreme: Business Auto Policy May Provide UM Coverage Only to Certain Classes of Employees
The Delaware Supreme Court, affirming a trial court's decision, has ruled that a business auto policy that provided uninsured motorists ("UM") coverage only to certain classes of employees was not contrary to public policy — and that the policy's reference to "directors" and "officers" was not ambiguous. Read More

Commercial General Liability
Vermont Supreme: Insured's Lack of Cooperation Relieved Insurer of Obligations to Defend and Indemnify
The Vermont Supreme Court, affirming a trial court's decision, has ruled that an insured had breached his obligation to cooperate with his insurance company, which relieved the carrier of its obligations to defend and indemnify. Read More

Homeowners Insurance
Louisiana Supreme: Plaintiffs' Individual Claims against Homeowners Insurer Were Barred by Previously—Filed Class Actions
The Louisiana Supreme Court, reversing a trial court's decision, has ruled that the doctrine of lis pendens applied to the plaintiffs' individual actions against their homeowners insurance carrier even though the plaintiffs were not named parties and had not joined in the first-filed class actions against the insurer, which stemmed from losses suffered as a result of Hurricane Katrina. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

Oklahoma Requires Insurers to Clarify Earthquake Coverage
Oklahoma Insurance Commissioner John D. Doak has asked property and casualty insurers to send each policyholder a clarifying notice of earthquake coverage. Read More

In the States
Insurers Pay First Steps Program and Thompson Foundation for Autism After Reaching Settlement with Missouri Insurance Department
The Missouri Department of Insurance has reached a settlement with the Chesapeake Life Insurance Company, the Mega Life and Health Insurance Company, and Mid-West National Life Insurance Company of Tennessee over allegations that the health insurers failed to make required offers of autism insurance coverage. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Frankie Honeycutt Named Divisional President and Mark Conklin Named Divisional EVP of Great American Insurance  Read More

Kevin Koehler Joins OneBeacon as President of Financial Institutions Business  
Read More

Nationwide Chief Legal and Governance Officer Patricia Hatler to Retire  
Read More

Ironshore Acquires Reinsurance Renewal Rights to Novae Group's Global Agriculture Portfolio  
Read More

Rupali Das Joins Zenith Insurance as California Medical Director  
Read More

View All Industry News
 
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Discussion
Recovery for Innocent Third Party

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 INSURANCE COVERAGE
 LAW REPORT
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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
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