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TODAY'S TOP DEVELOPMENTS |
Tuesday, December 29, 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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Exclusions
Employment-Related Practices Exclusion Precludes Coverage for Sexual Harassment Claims, Florida Federal District Court Decides
A federal district court in Florida has ruled that claims for bodily injury against an insured company was excluded from coverage by a policy’s employment-related practices exclusion because all of the claims for bodily injury arose out of claims for sexual harassment and assault and battery. Read More
Employee Benefits
Court Rejects Challenge to Disability Insurance Policies by Plaintiffs Who Had Not Filed Claims
A federal district court in New Jersey has ruled that an insurer’s alleged failure to comply with certain New Jersey insurance laws governing the sale of disability insurance policies did not render the policies void and that policyholders who had neither made claims nor had claims denied lacked standing to assert any violations. Read More
Commercial General Liability
Sixth Circuit Refuses to Upset Settlement Based on Alleged Misrepresentation Regarding Available Insurance
The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by the U.S. District Court for the Eastern District of Michigan, has refused to upset a settlement agreement based on the plaintiff’s allegation that he had been misinformed about the defendant’s available insurance. Read More
Exclusions
Intentional Acts Exclusion Did Not Preclude Coverage Where It Depended on Insured’s Knowledge of “Obscure Federal Law,” Kansas District Court Rules
The U.S. District Court for the District of Kansas has denied an insurance company’s motion to dismiss a breach of contract action, ruling that the policy’s intentional acts exclusion did not preclude coverage of a lawsuit brought against the insured where the insured was unaware of an “obscure federal law” that formed the basis of the insurer’s “intentional acts” argument. Read More |
View All Case Law Developments |
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Health Insurance
Health Insurers to Rebate Over $2 Million to Delaware Consumers
Delaware Insurance Commissioner Karen Weldin Stewart has announced that eight insurers will issue a total of more than $2 million in rebates to 14,399 health insurance policyholders in Delaware as a result of the Affordable Care Act’s 80/20 Medical Loss Ratio rule. Read More
Health Insurance
Insurer Settles Claims It Failed to Cover Mandated Benefits and Sold Unauthorized Health Insurance in Massachusetts
American Fidelity Assurance Company has agreed to pay $209,000 to settle allegations that it failed to cover mandated benefits required by state law and sold unauthorized health insurance to Massachusetts consumers. Read More |
View All Legislative/Regulatory Developments |
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ÆQUALIS and Prudential Join Forces to Make Life Insurance Available to People with HIV Read More |
Martin Senn Steps Down as CEO of Zurich Insurance Group; Tom de Swaan Appointed Interim CEO Read More |
USAA Offers Insurance for Ridesharing Drivers in Three New States: Arizona, Massachusetts, and Ohio Read More |
Validus Holdings Announces Senior Management Appointments at Talbot Underwriting Read More |
Ironshore Introduces Hybrid Product Addressing Fine Art Loss Due to Political Risk Exposure Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire November/December 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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