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TODAY'S TOP DEVELOPMENTS Thursday, September 24, 2015

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.


Attorney's Fees
Massachusetts Appeals Court Rejects Lawyer's Argument that ALJ Could Not Adjust Legal Expenses Down When Approving Lump Sum Workers' Comp Settlements – and Refers Case to Board of Bar Overseers
An appellate court in Massachusetts has rejected a lawyer's argument that, in considering whether to approve a lump sum worker's compensation settlement agreement under Massachusetts' Workers' Compensation Act injuries to a worker, an administrative judge of the Department of Industrial Accidents or a law judge on the Department's reviewing board was absolutely foreclosed from reviewing the authenticity of the legal expenses and from adjusting those expenses downward. The appellate court also found that the lawyer's appeal was "frivolous and worthy of sanctions" and it referred the case to Board of Bar Overseers. Read More

Washington Appeals Court Affirms $537,612 Subrogation Award – and Attorneys' Fees of $627,982 – to Insurer Against Dryer Manufacturer
In a subrogation action brought by an insurer against a dryer manufacturer following a fire in the insured's home, an appellate court in Washington has affirmed a trial court's decision awarding $537,612 to the insurer on the subrogation claim – and attorneys' fees and costs to the insurer in the amount of $627,982.62. Read More

Verdicts & Settlements
Distracted Driver Who Admitted Liability But Disputed Damages Is Ordered to Pay $30,000
A jury has awarded a plaintiff $30,000 for injuries he suffered when he was rear-ended in an accident in Greenville, South Carolina. Read More

Automobile Insurance
Motorcyclist Rebuts Presumption of "Following-Driver's Negligence" in Non-Contact "Phantom" Vehicle Coverage Dispute
The U.S. District Court for the Middle District of Florida, in denying an auto insurer's motion for summary judgment, has ruled that an insured motorcyclist had rebutted the presumption of negligence on his part in connection with an alleged non-contact accident with a "phantom" vehicle. Read More

View All Case Law Developments

Insurer Insolvency

Affirmative Insurance Company Ordered into Rehabilitation in Illinois
Affirmative Insurance Company has been ordered into rehabilitation and Anne Melissa Dowling, Illinois Acting Director of Insurance, has been named rehabilitator. Read More

Insurance Fraud
15 Indicted in Alleged $150 Million Insurance Fraud
An orthopedic surgeon, his personal attorney, and a cadre of assistants have been charged in Los Angeles with operating one of the largest insurance frauds in state history. Read More

View All Legislative/Regulatory Developments
U.S. Department of Transportation Announces up to $42 Million in Awards for Next Generation Connected Vehicle Technologies Read More

MetLife Announces Third Quarter Non-Cash Charge of $792 Million Stemming from Recent Second Circuit Rulings 
Read More

Canopius and Sompo Form Integrated Reinsurance Business 
Read More

Berkshire Hathaway Specialty Insurance Unveils Inland Marine Insurance Products in the U.S. 
Read More

ArgoGlobal and Asia Capital Re to Launch Lloyd's Special Purpose Syndicate 
Read More

View All Industry News
Collapse of Solar Panels due to Weight of Snow


Browse our entire library of over 2,500 insurance resources and forms.

View Entire Septmeber/October Insurance Coverage Law Report
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
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.
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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