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TODAY'S TOP DEVELOPMENTS |
Tuesday, October 11, 2016 |
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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 Louisiana Supreme Court Adopts Pro Rata Approach to Duty to Defend in Long Latency Disease Cases
The Louisiana Supreme Court, examining the duty to defend in a long latency disease case, has reversed the trial court's order requiring the insurer to pay for its insured's complete defense going forward and has concluded, instead, that the insurer was liable only for its pro rata share of defense costs based on its policy periods. Read More
Commercial Lines
Plaintiffs in Garnishment Action Against Insurer Were Not Entitled to Either Prejudgment or Postjudgment Interest, Colorado Appeals Court Rules
An appellate court in Colorado has ruled that plaintiffs who had obtained a judgment against an insured and who then instituted garnishment proceedings against its insurance carrier were not entitled to recover either prejudgment or postjudgment interest. Read More
Homeowners Insurance
State Farm Policies' Definition of "Resident Relative" Violated Public Policy, Colorado Appeals Court Decides
An appellate court in Colorado has ruled that insurance policies' definition of "resident relative" impermissibly narrowed the statutorily defined class of insureds because relatives who "resided" with the named insured but who did not reside "primarily" with the named insured were included under Colorado law but not included under the policies. Read More
Automobile Insurance
Allstate Insurance Wins Multimillion-Dollar Fraud Lawsuit
A California trial court has ruled in favor of Allstate Insurance Company and the State of California, awarding $2.3 million in damages in a case that alleged kickbacks and the illegal ownership and fraudulent operation of two medical clinics in Los Angeles. Read More |
View All Case Law Developments |
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Health Insurance
New York Regulation Seeks to Address Impact of Federal Risk Adjustment Program on State's Health Insurers
The New York State Department of Financial Services has promulgated an emergency regulation that, Financial Services Superintendent Maria T. Vullo said, address factors not addressed in the federal risk adjustment program administered by the Centers for Medicare & Medicaid Services in the small group health insurance market. Read More
Workers Compensation
Miami Businessman Charged with Orchestrating $400,000 Workers' Comp Scam
Elso J. Macias, owner of Puertos Enterprises Inc. in Miami, has been charged by Florida authorities with orchestrating a fraud scheme by providing false and misleading information during his application for worker's compensation insurance and by grossly underreporting the company's total payroll amount. Read More |
View All Legislative/Regulatory Developments |
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XL Catlin Boosts Global Property Insurance Capacity to $400 Million Read More |
MetLife Is First Insurer to Join R3 Partnership Consortium Read More |
Matt Murray Joins Everest Insurance's Distribution Management Team Read More |
Peter Borchers Appointed CEO of Allianz X Read More |
New IUCN Report Highlights Major "Ocean Risk"; Scientists Describe a Hidden Challenge of "Truly Staggering" Ocean Warming Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire Fall 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, Cope Ehlers, 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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