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TODAY'S TOP DEVELOPMENTS Friday, January 8, 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

Superstorm Sandy
Divided N.Y. Appeals Court Rules that Tower Crane Damaged by Superstorm Sandy Was "Integral" to Project and Did Not Fall within Definition of Temporary Works
A divided appellate court in New York has ruled, 3-2, that a 750-foot tall tower crane that was damaged by Superstorm Sandy was integral to, not "incidental to," a construction project in Manhattan and, therefore, did not fall within the definition of "Temporary Works." 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

Homeowners Insurance
Insurer's Judicial Estoppel Claim Fails Where Insureds Amended Their Bankruptcy Filings Nunc Pro Tunc to Increase the Value of Their Personal Property
A federal district court in Georgia has rejected an insurance company's defense of judicial estoppel where the insureds amended their bankruptcy filings, nunc pro tunc, while their bankruptcy case was still open, to increase the value of their personal property to the amount they claimed they lost when their home was destroyed by a fire. Read More

View All Case Law Developments

Life Insurance

Jackson National Life and AXA Equitable Life Settle Death Master File Complaints
Jackson National Life Insurance Company and AXA Equitable Life Insurance Company have reached multi-million dollar settlements with state insurance regulators related to the use of the Social Security Administration's Death Master File database. Read More

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

View All Legislative/Regulatory Developments
2015 U.S. Natural Catastrophe Losses Curbed by El Niño; Brutal North American Winter Caused Biggest Insured Losses, Munich Re Reports Read More

Pillsbury Adds Seven to Its Insurance Recovery Practice from Orrick 
Read More

GM and Lyft to Create an Integrated Network of On-Demand Autonomous Vehicles 
Read More

Insurance Attorneys Paul S. Danner and Joshua L. Milrad Join Goldberg Segalla 
Read More

Survey Finds One in Five Working-Age Americans with Health Insurance Report Problems Paying Medical Bills 
Read More

View All Industry News
Winterizing Gone Awry


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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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