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| TODAY'S TOP DEVELOPMENTS |
Monday, August 12, 2013 |
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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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Claims Settlement
U.K. Supreme Court Rules on the Allocation of an Insured's Losses
A recent decision by the United Kingdom Supreme Court provides reassurance and certainty to insurers and reinsurers that an insured or insurer below them in any tower of insurance cannot adjust the order in which the claims impact the layers for their own convenience. Read More
Terrorism Risk Insurance
The Challenge of Terrorist Risk Insurance Act Reauthorization
Against a backdrop of House Republican opposition, especially the desire of many conservative Republicans to enhance the private sector's role and reduce the footprint of government-backed programs, it will be a challenge for TRIA's proponents to craft a compromise and persuade House Financial Services Chairman Jeb Hensarling that another TRIA extension is necessary and appropriate. Read More
Title Insurance
Insurance Carriers Can Be Held Liable for Agents' Violations of State Regulations, Washington Supreme Court Holds
The Washington Supreme Court has ruled that an insurance carrier was responsible for its agent's regulatory violations, pursuant to statutory and common-law theories of agency. The court declared that Washington law "forbids the insurer or its agent from certain conduct, it means that the insurer may not do indirectly—through its agent—what it may not do directly." Read More
Commercial General Liability
Bad Faith and False Advertising Claims against Insurers Can Be Brought Under California's Unfair Competition Law, State's Top Court Holds
The California Supreme Court has held that insurance practices–such as insurance bad faith and false advertising – that violate California's Unfair Insurance Practices Act can support an insured's lawsuit against his or her insurer under the state's Unfair Competition Law. Read More |
View All Case Law Developments |
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Health Insurance
New Illinois Law Requires School Districts to Provide Catastrophic Accident Insurance for Injured Students
Illinois Governor Pat Quinn has signed legislation that requires public and private school districts to provide catastrophic accident insurance for high school students who are injured while participating in school-sponsored or supervised athletic events that result in medical expenses over $50,000. Read More
In the States
New Jersey Governor Chris Christie Creates Pension Fraud and Abuse Unit
New Jersey Governor Chris Christie has issued Executive Order No.138, creating the Pension Fraud and Abuse Unit within the state's Treasury Department. Read More |
View All Legislative/Regulatory Developments |
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| Understanding Vacancy Limitations on Vandalism and Theft Claims Read More |
Figuring Out the Insurance Exhaustion Rule in New York is Exhausting Read More |
Regulators Shining a Light on "Shadow Insurance" Read More |
Examination under Oath as a Condition to Recovery of PIP Benefits: The Situation in Florida Read More |
Legislators, Regulators, and Insurance Companies 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, 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 ($795 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 [email protected].
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| FC&S Legal: The Insurance Coverage Law Information Center |
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