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TODAY'S TOP DEVELOPMENTS |
Thursday, March 17, 2016 |
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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
Insured’s Failure to Notify Insurer about Suit Doomed Coverage, Although It Notified Insurer about Accident, N.Y. Appeals Court Rules
An appellate court in New York, reversing a trial court’s decision, has ruled that an insurance company was not obligated to defend or indemnify its insured with respect to a particular lawsuit where the insured had never notified it about the lawsuit – even though it had notified the insurer about the underlying accident. Read More
Exclusions
Assault and Battery Exclusion Precluded Coverage for Shooting, Even for Claims Based in Negligence, N.Y. Federal Court Holds
A federal district court in New York has ruled that an assault and battery exclusion in an insurance policy issued to a bar precluded coverage for claims arising from a shooting that killed a patron, even where the claims against the bar and landlord were brought as negligence claims. Read More
Verdicts & Settlements
Plaintiff’s Jury Verdict Comes after He Asserted Other Driver Had Worked an Overnight Shift and Fatigue May Have Played a Role in Accident
A jury has ruled in favor of a plaintiff who was injured in an auto accident by a driver who, the plaintiff contended, may have suffered from fatigue after working an overnight shift as a nurse. Read More
Homeowners Insurance
Minnesota Supreme: Trier of Fact Must Determine Whether Actual Cash Value, When Undefined, Included Depreciation of Embedded Labor Components
The Minnesota Supreme Court, in response to a certified question from a federal district court, has ruled that, absent specific language in a homeowners’ insurance policy identifying a method of calculating actual cash value, the trier of fact must determine whether depreciation of embedded labor components “logically tend[ed] to the formation of a correct estimate of the loss.” Read More |
View All Case Law Developments |
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In the States
Washington Fines Farmers Insurance $300,000 for Mischarging Consumers for Four Years
Washington Insurance Commissioner Mike Kreidler has fined Farmers Insurance Company $300,000. Read More
In the States
TDI Seeks Applicants for Texas Medical Liability Insurance Underwriting Association Board of Directors
The Texas Department of Insurance is accepting applications through March 11 for two public member positions on the Texas Medical Liability Insurance Underwriting Association’s board of directors. Read More |
View All Legislative/Regulatory Developments |
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Empire Life Signs Agreement with MetLife Read More |
Efma and Accenture Launch Global Insurance Awards to Reward and Foster Industry Innovation Read More |
Nicolle Schippers Promoted to ARAG Associate General Counsel Read More |
Allianz Re Reaches Reinsurance and Consulting Agreement with Enstar Read More |
FC&S Legal Publishes “Insurance Coverage Issues for Hotel and Apartment High-Rises Damaged by Fire” Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire January/February Insurance Coverage Law Report |
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View Insurance Coverage Law Report Archives |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com |
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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
Cort T. Malone, Anderson Kill, P.C. |
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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 |
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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@nuco.com.
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FC&S Legal: The Insurance Coverage Law Information Center |
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