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| TODAY'S TOP DEVELOPMENTS |
Friday, May 15, 2015 |
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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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Attorney's Fees
Claimants Who Sought Benefits from Insurers under ERISA May Rely on "Catalyst Theory" to Recover Attorneys' Fees, Third Circuit Rules
The U.S. Court of Appeals for the Third Circuit, reversing a district court's decision, has ruled that claimants who sought to recover benefits from insurance companies under the Employee Retirement Income Security Act were entitled to rely on the "catalyst theory" to determine whether they could recover their attorneys' fees and costs from the insurers. Read More
Automobile Insurance
Motorcyclist Loses Bid for UM Benefits When Appeals Court Holds that "Wind Shear" from Passing Semi Did Not Make Physical Contact with Him
An Illinois appellate court, reversing a trial court's decision, has ruled that wind shear from a passing semi-tractor trailer truck that allegedly propelled a motorcycle off the roadway did not constitute "physical contact" with the motorcycle under the owner's motor vehicle insurance policy and, therefore, that the owner was not entitled to uninsured motorist benefits. Read More
Homeowners Insurance
6th Circuit Affirms Dismissal of Insurer's "Reverse Bad Faith" Claim under Kentucky Law
The U.S. Court of Appeals for the Sixth Circuit has ruled that the U.S. District Court for the Western District of Kentucky did not err when it dismissed a claim asserted by an insurance company against its insured for "reverse bad faith" because it had not been recognized in Kentucky. Read More
Automobile Insurance
Motorcycle Passenger's Status Did Not Change to "Pedestrian" After She Allegedly Was Ejected from Motorcycle and Injured, New York Appeals Court Decides
An appellate court in New York has affirmed a trial court's decision that a motorcycle passenger who allegedly was ejected from the motorcycle was not entitled to first-party benefits as a pedestrian for injuries she alleged she suffered when the motorcycle subsequently landed on top of her. Read More |
View All Case Law Developments |
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Federal Actions
DOJ Asks Court to Dismiss MetLife's SIFI Suit
The U.S. Department of Justice has asked the U.S. District Court for the District of Columbia to dismiss the action filed by MetLife, Inc., challenging its designation as a non-bank systemically important financial institution under the Dodd-Frank Act. Read More
Title Insurance
New York Regulator Approves Lower Title Insurance Rates for Refinancings
The New York State Department of Financial Services has approved new title insurance industry rates for mortgage refinancing transactions that are up to 65 percent lower than existing rates. Read More
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View All Legislative/Regulatory Developments |
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| Insurance Coverage Attorney John Podesta Joins Wilson Elser's San Francisco Office Read More |
Berkshire Hathaway Travel Protection Appoints Dean Sivley as President Read More |
Donald G. Southwell, Kemper's Chairman, President, and CEO, to Retire in May 2016 Read More |
Michael Mulray Joins Everest as Chief Underwriting Officer in the U.S. Read More |
Grange Insurance Names John North President of Personal Lines Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire March / 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
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@SummitProNets.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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