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| TODAY'S TOP DEVELOPMENTS |
Monday, August 24, 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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Endorsements
How to Read a Policy: A Short Lesson from a Federal Court
A federal district court in California, in a case pitting one insurance company against another, has issued a decision explaining how to read a policy's self-insured retention endorsement to determine whether the SIR had been met as to any claims in four underlying actions so as to trigger a duty to defend the entirety of any of the underlying actions. Read More
Automobile Insurance
Michigan Appeals Court Finds Insurer's Action Against Another Insurer Seeking Reimbursement of No-Fault Benefits Was Filed Too Late — But State's Supreme Court May Alter the Analysis
An appellate court in Michigan, reversing a trial court's decision, has ruled that the limitations periods set forth in the state's no-fault insurance law barred an insurer's action against another insurer seeking reimbursement for no-fault benefits that, it alleged, should have been paid by the defendant insurer. The appellate court ruled that neither statutory exception applied. The Michigan Supreme Court, however, is considering a case that may alter how one of the exceptions is interpreted. Read More
Verdicts & Settlements
$1.3 Million Jury Award Where Delivery Driver Mistakenly Pumped Fuel into Basement
An Ohio jury has awarded homeowners over $1.3 million — and their insurance company $183,120 — after finding that a fuel company's driver had negligently pumped fuel into the homeowners' basement. Read More
Homeowners Insurance
Filed Rate Doctrine Barred Mortgagors' Complaint Over Alleged "Rebates" and "Kickbacks" Loan Servicer Received from Insurer in Connection with Lender-Placed Insurance, Second Circuit Decides
The U.S. Court of Appeals for the Second Circuit, reversing a district court's decision, has ruled that borrowers' claims that they had been overcharged for lender-placed insurance as a result of "rebates" and "kickbacks" their loan servicer had received from the insurance company were barred by the filed rate doctrine even though the transaction involved an intermediary — the loan servicer — that passed along the cost of the insurance to the borrowers. Read More |
View All Case Law Developments |
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Title Insurance
Title Insurance Commission Members Appointed by Colorado Governor Hickenlooper
Colorado Governor John Hickenlooper has appointed nine members to the state's Title Insurance Commission. Read More
Health Insurance
Missouri Insurance Department Fines Cigna for Improperly Denying Chiropractic Claims
The Missouri Department of Insurance has fined Cigna subsidiaries $140,800 for incorrectly denying chiropractic claims, using unapproved forms, charging copayments of more than 50 percent, and failing to send an explanation of benefits to member. Read More |
View All Legislative/Regulatory Developments |
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| Drone Industry Growth Threatened by Cyber Attacks, Human Error, and Privacy Concerns, Lloyd's Emerging Risk Report Shows Read More |
Duane Sanders Named CEO of Travelers Canada Read More |
Everest Re Hires Connie Germano and Tom Morelli for its U.S. Insurance Casualty Operations Read More |
Larry Burton Joins ACLI as Chief Operating Officer Read More |
Allstate Roadside Services Selected as Roadside Assistance Provider for Lyft Drivers Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire July/August Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com |
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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@nuco.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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