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TODAY'S TOP DEVELOPMENTS |
Tuesday, August 5, 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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Subrogation
New York Anti-Subrogation Law Is Not Preempted by ERISA, Second Circuit Rules
The U.S. Court of Appeals for the Second Circuit, reversing a district court’s decision, has ruled that ERISA did not preempt claims that insurers were barred by a New York law from obtaining reimbursement of medical benefits from tort settlements. Read More
Workers Compensation
Minnesota Supreme Court Limits Employers’ Ability to Seek to Discontinue Permanent Total Disability Awards
The Minnesota Supreme Court, reversing a Minnesota Workers’ Compensation Court of Appeals decision, has ruled that an employer may not seek to discontinue paying workers’ compensation benefits to an employee who had been adjudicated permanently totally disabled. Read More
Automobile Insurance
10th Circuit Rejects Class Action Challenging UM/UIM Waiver Form on Ground that It Did Not Discuss Implications of Stacking
The U.S. Court of Appeals for the Tenth Circuit, affirming a district court decision, has ruled that New Mexico law did not require that an uninsured/underinsured motorist coverage waiver form provide the premium costs corresponding to the available levels of stacked coverage in order to be enforceable. Read More
Automobile Insurance
Auto Policy’s Definition of Employee Was Irrelevant to Issue of Whether Its Workers’ Comp Exclusion Barred Coverage, 11th Circuit Decides
The U.S. Court of Appeals for the Eleventh Circuit, affirming a district court’s decision, has ruled that an automobile policy’s definition of employee excluding temporary workers was irrelevant to the policy’s workers’ compensation exclusion, the applicability of which was determined by the definition of employee under Florida law. Read More |
View All Case Law Developments |
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In the States
New Hampshire Insurance Commissioner Proposes to Cap Rates for Long Term Care Policies
New Hampshire Insurance Commissioner Roger A. Sevigny has proposed limiting rate increases for long term care policies in New Hampshire. Read More
Federal Actions
Broker Settles SEC Charges Relating to Variable Annuities, Agrees to Pay Over $850,000
Michael A. Horowitz, a Los Angeles-based broker, has settled charges brought against him by the Securities and Exchange Commission that he was the architect of a variable annuities scheme designed to profit from the imminent deaths of the terminally ill. Mr. Horowitz agreed to pay over $850,000, admit wrongdoing, and be barred from the securities industry. Read More
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View All Legislative/Regulatory Developments |
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Liberty Mutual Insurance Introduces Trinity Towing Program Read More |
Insurance Institute for Highway Safety Says Small Car Crash Ratings Run the Gamut Read More |
Beechwood Re Hires Former Morgan Stanley Executive David Lessing Read More |
Optimum Re Acquires Portfolio from Munich American Reassurance Read More |
Oil Insurance Limited Increases Per Occurrence Limits to $400 Million Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire August 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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