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TODAY'S TOP DEVELOPMENTS Monday, May 6, 2013

 
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

Did Montana Supreme Court Just Expand Insurance Agent's Duty to Insureds? Time Will Tell
A divided Montana Supreme Court has reversed a trial court’s decision granting summary judgment to an insurance agency, finding issues of material fact with respect to the agency’s duty to obtain underinsured motorist coverage for the insureds. The decision may well generate additional litigation in Montana over the scope of an insurance agent’s duty to its insureds.  Read More

Automobile Insurance
Trial Court Erred in Excluding Evidence of UIM Coverage from Jury, Appeals Court Rules
A Maryland appeals court has ruled, in a negligence case arising from an automobile accident, that a trial court erred by hiding the presence of the defendant’s insurer from the jury, including but not limited to the plaintiffs’ claims against the insurer, the insurer’s cross-claim against its insured, and the identity of the insurer’s attorney, who participated throughout the trial.  Read More

Workers Compensation
Mississippi's Top Court Says Worker's Comp Insurer Must Intervene in Third Party Action to Enforce Reimbursement Right
The Mississippi Supreme Court has ruled that, under Mississippi law, a worker’s compensation insurer must join or intervene in a third party action brought by its insured to become entitled to reimbursement from a recovery obtained by the insured.  Read More

Product Liability Coverage
Is Medical Monitoring an Available Remedy in Tobacco Case? N.Y.'s Top Court May Decide
The U.S. Court of Appeals for the Second Circuit has asked New York’s top court, the New York Court of Appeals, to decide whether current or former smokers may assert an independent claim for medical monitoring in their action against a cigarette manufacturer.  Read More


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Case Law Developments
 
LEGISLATIVE/REGULATORY

Automobile Insurance

Bill Targeting Improper Out-of-State Auto Registration Approved by New Jersey Assembly
Legislation intended to crack down on insurance fraud has been approved 76-0 by the New Jersey Assembly.  Read More

Workers Compensation
Ohio Governor Calls for $1 Billion Worker's Comp Rebate to Public and Private Employers
Ohio Governor John R. Kasich has proposed a $1 billion rebate for all 210,000 customers of the Ohio Bureau of Workers’ Compensation—both public and private employers—as well as tripling investments in worker safety grants and lowering all rates by modernizing worker’s comp operations.  Read More

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Legislative/Regulatory Developments
 
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Steven A. Meyerowitz, ESQ.

Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal

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
Cort T. Malone, Anderson Kill & Olick, P.C.
Richard D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Tressler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Jenner & Block
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company
 
   
INDUSTRY NEWS
Young Adults without Insurance Coverage Find Asthma Care Deteriorates  Read More

Higher Terrorism Insurance Costs follow Boston Marathon Bombings  Read More

HSBC to Sell Interest in Hana HSBC Life  Read More
 
NEW PRODUCTS
Foresters Launches Familylife Whole Life Insurance  Read More
 
PEOPLE
Monique Hesseling Joins ACORD from Zurich General  Read More

View All Industry News
 
NEWLY UPDATED!
Insurance Forms & Resources

Commercial Liability Umbrella Coverage Form,
April 2013 Edition


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Browse our entire library of over 2,500 resources and forms.
 

CALENDAR
Emerging Insurance Coverage & Allocation Issues in 2013 Read More

9th Annual Canadian Captives & Corporate Insurance Strategies Summit 
Read More


NYIA 2013 Annual Conference 
Read More

View Full Calendar
 

INSURANCE COVERAGE LAW REPORT
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Focus On: Coverage for Law Firm Victimized in Check Scam  Read More

Is Defective Construction an "Occurrence"? The Answer Isn't So Concrete  Read More

Insurance Coverage for Internet Copyright Claims  Read More

View Entire May Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 

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FC&S Legal: The Insurance Coverage Law Information Center

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