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TODAY'S TOP DEVELOPMENTS Tuesday, January 5, 2016

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.


Automobile Insurance
Minnesota Supreme: Insurer Must Pay No-Fault Benefits Even If Same Expenses or Losses Had Been Recovered in Tort Action
The Minnesota Supreme Court, affirming an appellate court's decision, has ruled that the state's No-Fault Automobile Insurance Act did not bar an insured from recovering no-fault benefits for medical expenses already recovered as damages in a negligence action. Read More

Employment Practices Liability
Alabama Supreme: Whether Insurer Waived Right to Enforce Policy's Arbitration Clause and Whether It Could be Enforced Against Nonsignatory Were for Arbitrator, Not Trial Court, to Resolve
The Alabama Supreme Court, reversing a trial court's decision has ruled that whether an insurance company had waived its right to enforce an arbitration provision in its insurance policy and whether the policy's arbitration provision could be enforced against a nonsignatory executive of the corporate insured were questions for an arbitrator, not for the trial court, to resolve. Read More

S.D. Supreme: Motorized Vehicle Exclusion Precluded Coverage for Claims Arising After Hay in Semi-Trailer Ignited and Spread Fire to Nearby Lands
The South Dakota Supreme Court, affirming a trial court's decision, has ruled that a motorized vehicle exclusion in a farmowners insurance policy precluded coverage for an incident in which a semi-trailer transporting a load of hay ignited and spread fire to nearby lands. Read More

N.D. Supreme: No Coverage under Grandfather's Farm Policy for Grandson's Use of Tractor on Public Road
The North Dakota Supreme Court, affirming a trial court's decision, has ruled that there was no coverage under a grandfather's farm liability insurance policy for an accident arising from a grandson's use of the grandfather's tractor to help his brother pull his pickup out of a snowdrift on a public road. Read More

View All Case Law Developments

Health Insurance

New York Becomes First State to Allow Pregnant Women to Enroll in State Health Insurance Exchange at Any Time
New York Governor Andrew M. Cuomo has signed legislation that makes New York the first state in the nation to allow pregnant women to enroll in the state health insurance exchange at any time during their pregnancy. Read More

Alternative Risk and Captives
Missouri Insurance Department Names New Captive Manager
The Missouri Department of Insurance has appointed John Talley as its new captive program manager. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Attorney Alexander Hardiman Elected Partner at Pillsbury Read More

ACE Westchester Enhances Product Recall Insurance 
Read More

XL Catlin Boosts Aviation Insurance Liability Limits in North America 
Read More

Liberty Mutual Appoints Susan Kostro to Lead Education and Government Markets Insurance 
Read More

Prudential Group Insurance Names David Zona Chief Operations Officer 
Read More

View All Industry News
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View Entire November/December 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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