|
|
| TODAY'S TOP DEVELOPMENTS |
Friday, April 22, 2016 |
|
|
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.
|
|
Exclusions
Vandalism Exclusion Precluded Coverage for Intentionally Set Fire, N.Y. Appeals Court Declares
An appellate court in New York, affirming a trial court's decision, has ruled that a vandalism exclusion in a landlords insurance policy was unambiguous and, therefore, that the policy did not cover claims arising from a fire that had been intentionally set. Read More
Claims Resolution
Bank's Late Notice, and Resulting Actual Prejudice, Doomed Coverage, Fourth Circuit Holds
The U.S. Court of Appeals for the Fourth Circuit, affirming a decision by the U.S. District Court for the District of Maryland, has ruled that an insurance company was entitled to deny insurance coverage to a bank for a lawsuit against it where the bank's notice was untimely and caused actual prejudice to the insurer. Read More
Workers Compensation
Worker's Comp Law Struck Down in Oklahoma
The Oklahoma Supreme Court has ruled that the permanent partial disability deferral provision of 85A O.S. Supp. 2013 § 45(C)(5) was invalid as a violation of due process under the Oklahoma constitution. Read More
Trial Strategy
Can a Policyholder Get a Jury Trial on an Insurer's Equitable Rescission Claim?
There is little dispute that rescission claims brought by insurance carriers are equitable claims for which there is no right to a jury trial. Similarly, an insured's breach of contract action against an insurance company is legal in nature, and the insured can demand a trial by jury. A recent decision by a federal district court in California, however, suggests that an insured may be able to obtain a jury trial on an insurer's rescission claim by asserting a breach of contract action. Read More |
View All Case Law Developments |
| |
|
Automobile Insurance
Georgia Insurance Commissioner Launches Investigation into Allstate Auto Rate Increases
Georgia Insurance Commissioner Ralph Hudgens has directed his staff to initiate a professional level examination of a filing by the Allstate Property & Casualty Insurance Company that would raise statewide automobile rates by an average of 25 percent to determine if the rate increase is defendable under state law. Read More
International
U.N. Secretary-General Urges Insurance Industry to Take Leadership in Climate Change Response
The insurance industry is a key actor in forging new instruments to anticipate and manage climate risks, according to U.N. Secretary-General Ban Ki-moon. He urged the industry to continue to work with the United Nations to manage and reduce such risks and ultimately ensure a more sustainable world for all. Read More |
View All Legislative/Regulatory Developments |
|
|
|
|
| 60 Minutes Criticizes Life Insurers' "Industry-Wide Practice of Not Paying Significant Numbers of Beneficiaries" Read More |
GEICO and BoatUS Reveal the Top 6 Causes of Boat Fires Read More |
Minor Driving Infractions Will Hike Car Insurance Rates, insuranceQuotes Says Read More |
FC&S Legal Publishes "Florida Supreme Court: When It Comes to UM Damages Verdicts and Bad Faith, 'What is Good for the Goose is Good for the Gander'" Read More |
FC&S Legal Publishes "Fourth Circuit Holds That Data Breach Is Covered by Commercial General Liability Policy" Read More |
View All Industry News |
| |
|
| |
INSURANCE COVERAGE
LAW REPORT |
|
 |
View Entire Spring Insurance Coverage Law Report |
| |
| View Insurance Coverage Law Report Archives |
| |
|
|
|
 |
Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com |
|
| 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. |
|
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 |
|
|
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.
|
|
| FC&S Legal: The Insurance Coverage Law Information Center |
|
|
|
To ensure future delivery of email, please add admin@list.nationalunderwriter.com
to your address book, contacts or safe sender list.
You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved. |
 |
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018
1-800-543-0874 |
|
|
|
|
