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TODAY'S TOP DEVELOPMENTS |
Friday, March 14, 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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Commercial General Liability
Non-Profit American Legion Post Was “In the Business of” Selling Alcohol, and Liquor Liability Exclusion Applied, Wisconsin Appeals Court Holds
An appellate court in Wisconsin, affirming a trial court’s decision, has ruled that a clause in a commercial general liability insurance policy that excluded coverage when the insured was “in the business of” selling or serving alcohol barred coverage of a claim against a non-profit American Legion Post that regularly sold liquor to generate significant revenues. Read More
Health Insurance
Prompt Pay Law Affords Claimants a Private Right of Action against Insurers, N.Y. Appeals Court Rules
An intermediate appellate court in New York has ruled that the state’s Prompt Pay Law affords claimants a private right of action against insurance carriers to recover payment for health care services based on a violation of the law. Read More
Commercial Property
It All Happened at the Zoo. Except Privity between Woman Allegedly Injured and the Zoo’s Insurance Carrier, Court Rules
A federal district court in Oklahoma has ruled that a woman allegedly injured at a zoo could not bring a lawsuit to recover her medical expenses against the zoo’s insurance carrier, finding that she lacked contractual privity or third-party beneficiary status. Read More
Homeowners Insurance
A Fistfight. A Knife. A Stabbing. A Criminal Trial. An Acquittal, Based on Self-Defense. But, No Coverage for Injured Person’s Claims
An Illinois appellate court has affirmed a trial court’s decision that a homeowner’s insurance carrier had no duty to defend or indemnify its insured in a lawsuit brought by a person who alleged that the insured had stabbed him with a knife in a fistfight, finding that the lawsuit failed to allege an “accident.” Read More |
View All Case Law Developments |
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In the States
Fraud and Enforcement: The Situation in Ohio
Preventing insurance fraud and misconduct is an important goal of insurance departments across the country. Let’s take a look at highlights from one state: Ohio. Read More
Automobile Insurance
RelayRides Car-Sharing Service to Pay Penalty to New York for Insurance Law and Other Violations
The New York Department of Financial Services (“DFS”) has determined that the car-sharing service RelayRides put New Yorkers at risk through false advertising, unlicensed insurance activity, and other violations of law. RelayRides, a peer-to-peer car-sharing service that allows people to rent out their vehicles to third parties in exchange for a fee, will pay a $200,000 penalty to the DFS as a result of the investigation. Read More |
View All Legislative/Regulatory Developments |
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FC&S Legal Publishes Nelson Levine de Luca & Hamilton’s Bad Faith Compendium: Minnesota Read More |
Former Thompson Coe Partner Albert Betts to Lead Insurance Council of Texas Read More |
Expiration of Terrorism Risk Insurance Act Could Hurt National Security, RAND Study Finds Read More |
Therese M. Vaughan Selected as APIW’s 2014 Insurance Woman of the Year Read More |
Insurers Resist Coverage for Cyber Claims, According to Marsh Read More |
View All Industry News
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INSURANCE COVERAGE
LAW REPORT |
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View Entire March 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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