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| TODAY'S TOP DEVELOPMENTS |
Wednesday, May 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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Commercial General Liability
Rejecting Insurer's Argument, Illinois Supreme Court Decides that Federal District Court's Erie Decision Does Not Establish a Conflict Between States' Laws
The Illinois Supreme Court has ruled that a prediction under Erie R.R. Co. v. Tompkins by a federal district court sitting in another state that the supreme court of that state would resolve a legal issue in a way that was at odds with Illinois law did not, in itself, establish an actual conflict between the two states' laws for purposes of requiring a choice-of-law analysis. Read More
Personal Watercraft
11th Circuit Decides that Insureds Met "Light Burden" of Demonstrating Fortuitous Loss under All-Risk Marine Policy
The U.S. Court of Appeals for the Eleventh Circuit, reversing a federal district court's decision, has ruled that the owners of a yacht had met the "light burden" under their all-risk marine insurance policy of establishing an accidental or fortuitous loss to their starboard engine. Read More
Commercial Property
Court Rejects Coverage under All-Risk Property Policy Where Partial Collapse of Building Was Not Caused "Only" by Weight of Contents and Equipment
A federal district court in Oregon, ruling in favor of an insurance carrier, has decided that an "all risk" property insurance policy did not cover a partial collapse of a building where the collapse was not directly and immediately caused "only" by the weight of contents and equipment in the building as required by the policy. Read More
Automobile Insurance
Insurer May Reduce Amount of UM/UIM Benefits by Amount of MedPay Benefits Already Paid If Insured's UM/UIM Coverage is Not Impaired
In a case of first impression in Colorado, a state appellate court has ruled that an insurer may reduce the amount of uninsured/underinsured motorist benefits due its insured by the amount of medical payment benefits it already had paid the insured if the insured's UM/UIM coverage was not impaired by such a reduction. Read More |
View All Case Law Developments |
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Automobile Insurance
Now, Kansas Insurance Department Warns about Insurance Liability of Ridesharing Services
Kansas Commissioner of Insurance Sandy Praeger has warned consumers to check with their insurance agents and companies regarding coverage concerns with ride-sharing or person-to-person transportation services in the Kansas City area. Read More
In the States
Tower Group International Filing Cites Restrictive Regulatory Action by Massachusetts and Tower's Retention of Financial Adviser
Tower Group International, Ltd., has filed a Form 8-K stating that, on May 20, 2014, the Massachusetts Department of Insurance entered an amended order of administrative supervision with respect to Tower National Insurance Company and Massachusetts Homeland Insurance Company. Read More
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View All Legislative/Regulatory Developments |
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| Heritage Insurance Holdings Has Announced Pricing of Its Initial Public Offering Read More |
Are E-Cigarette Users Smokers? 9 in 10 Life Insurance Underwriters Say Yes, Finds Munich Re Survey Read More |
Penn Mutual Life Now Offering A Guaranteed Choice Whole Life Product Read More |
ProSight Specialty Insurance Adds Three New Energy Insurance Segments: Solar, Propane and Fuel, and Oil and Gas Read More |
FC&S Legal Publishes Nelson Levine De Luca & Hamilton's Bad Faith Compendium: Texas Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire June 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, Rivkin Radler 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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