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| TODAY'S TOP DEVELOPMENTS |
Friday, March 28, 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
The Importance of Applicable State Law in a Bad Faith Action
Oregon and Arizona's policies regarding insurance bad faith are drastically different. Arizona recognizes that conduct constituting insurance bad faith may cause a person to suffer more than mere economic injuries, and thus recognizes it as a tort. Oregon, however, limits bad faith causes of actions to contract, thus making emotional or physical damages unrecoverable. A recent decision by an Arizona appellate court highlights the practical significance of determining, in the first instance, the applicable law governing a bad faith claim. Read More
Automobile Insurance
Grandson's Violation of Operator Exclusion Form Relieved Insurer of Duty to Indemnify Grandparents for Optional Bodily Injury Coverage of $500,000, Appeals Court Rules
An appellate court in Massachusetts, affirming a trial court's decision, has ruled that an insurance carrier was relieved of its obligation to indemnify its insureds for optional bodily injury coverage of $500,000 where their grandson had violated the provisions of an operator exclusion form by driving his grandparents' vehicle. Read More
Life Insurance
Nebraska Supreme: Property Settlement Agreement Incorporated into Divorce Decree Establishes Ownership of Life Insurance Policies Although Beneficiary Had Not Been Changed
The Nebraska Supreme Court has enforced a property settlement agreement incorporated into a divorce decree that allocated an ex-husband's life insurance policies even where he had not changed the beneficiary from his former wife, notwithstanding the state's general rule that divorce did not affect a beneficiary designation in a life insurance policy. Read More
Commercial Property
Creditor Could Not Recover Its Force-Placed Insurance Charges, and Had to Pay Debtor's Attorney's Fees, Appeals Court Says
An appellate court in Arizona, in a contract dispute over $381 in force-placed insurance premiums for a commercial fryer purchased through a financing company, has upheld a trial court's decision rejecting the financing company's claim for those funds and awarding the purchaser attorneys' fees and costs of approximately $32,700. Read More |
View All Case Law Developments |
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International
U.S.-Based NAIC and FSA of Japan Form Alliance
The National Association of Insurance Commissioners has joined the Financial Services Agency of Japan to launch a new bilateral dialogue between insurance supervisors from the U.S. and Japan. Read More
Insurance Fraud
Man Charged with Defrauding Over 270 Floridians in Insurance Scam
David Glincher has been charged with theft, white collar crime, and fraud for allegedly filing car insurance claims on behalf of consumers who either were unaware of the filings or never received claim payouts. Read More
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View All Legislative/Regulatory Developments |
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| Insurance Recovery Litigator Paul L. Langer Joins Quarles & Brady's Chicago Office Read More |
FC&S Legal Publishes Nelson Levine de Luca & Hamilton's Bad Faith Compendium: Missouri Read More |
The World's Most Ethical Insurance Companies Are... Read More |
Marsh Reports on Captives Read More |
Bart Zanelli Appointed Head of Advisory for North America at JLT Towers Re Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire April 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 customerservice@SummitProNets.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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