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TODAY'S TOP DEVELOPMENTS |
Tuesday, February 4, 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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Trial Strategy
Targeting Insurance Proceeds After a Putative Tortfeasor Enters Bankruptcy
When a putative tortfeasor enters bankruptcy, a plaintiff's ability to recover damages is at risk – but it has not necessarily disappeared. If the putative tortfeasor is insured, the plaintiff has an avenue to seek to recover its losses. In these circumstances, however, the plaintiff must carefully traverse the rules of the federal Bankruptcy Code – and applicable insurance law. A recent decision by the U.S. Court of Appeals for the Sixth Circuit highlights some of the difficulties, while offering some valuable strategic advice. Read More
Homeowners Insurance
Criminal Act Exclusion Bars Coverage for Claim that Bottle Rocket Damaged a Minor's Eye
A federal district court in Kentucky has ruled that there was no coverage under a homeowner's insurance policy for a lawsuit seeking to impose liability on the homeowners for damages allegedly caused by a bottle rocket that hit a minor in the eye. Read More
Professional Liability Insurance
No Coverage for Title Insurer for Independent Agency's Alleged Fraud
Affirming a district court decision, the U.S. Court of Appeals for the Sixth Circuit has ruled that a professional liability insurance policy did not provide coverage to a title insurer for the alleged fraudulent acts of an independent agency for which it was not "legally responsible." Read More
Automobile Insurance
Lawyer's Death Is Sufficient to Excuse Insureds' Failure to Timely Serve Complaint on Their Insurer
A federal district court in Nevada has ruled that the death of the insureds' attorney amounted to "good cause" to extend the time within which they had to serve a complaint on their insurance company. Read More |
View All Case Law Developments |
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Health Insurance
Maryland Insurance Administration Warns against Discrimination against Transgender Individuals
The Maryland Insurance Administration has issued a bulletin warning carriers that they may not discriminate among insureds under a health benefit plan on the basis of an insured's actual or perceived gender identity, or on the basis that an insured is a transgender individual. Read More
Health Insurance
Virginia Kills Bill Requiring Insurers to Notify Third Parties Before Canceling Long Term Care Policies
A subcommittee in the Virginia House of Delegates has declined to send a bill to the full House that would have required that insurance companies notify a third party before canceling a long term care insurance policy. Read More
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View All Legislative/Regulatory Developments |
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Insurance Coverage Litigator Amy Elizabeth Stewart Elected to American College of Coverage and Extracontractual Counsel Read More |
FC&S Legal Publishes Nelson Levine de Luca & Hamilton's Bad Faith Compendium: District of Columbia Read More |
Chubb Board Approves New $1.5 Billion Share Repurchase Program Read More |
ACE Appoints Anthony O'Brien as Regional Head of Marine Insurance Read More |
Aviva Releases Cancer Claims Statistics Ahead of World Cancer Day Read More |
View All Industry News
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INSURANCE COVERAGE
LAW REPORT |
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View Entire February 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, Tressler 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 [email protected].
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FC&S Legal: The Insurance Coverage Law Information Center |
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