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TODAY'S TOP DEVELOPMENTS Wednesday, February 3, 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.


Commercial Lines
County's Insurance Purchase Did Not Waive Government Immunity, North Carolina Federal District Court Rules
The U.S. District Court for the Western District of North Carolina has ruled that a county's purchase of insurance policies did not effect a waiver of its immunity as a government and that, as a result, it was entitled to summary judgment on a tort plaintiff's claims for trespass by public officers and malicious prosecution. Read More

Construction Defect
Indemnity Clause in Construction Agreement Found Void Under Oregon Law
The U.S. District Court for the District of Oregon has ruled that an indemnity clause in an agreement between two parties relating to the rehabilitation of a bridge was a construction agreement for purposes of the Oregon law that prohibits indemnity clauses in construction agreements. Read More

Commercial General Liability
Mississippi Dismisses Bad Faith Claims Against Insurer's Third-Party Administrator
The U.S. District Court for the Southern District of Mississippi, in a coverage case filed after an insurer denied a claim from a woman injured in a shooting at a store, has dismissed bad faith and gross negligence claims against the insurer's third party administrator, finding that no facts had been alleged that would permit the claims to stand. Read More

Commercial Property
Coverage Found for Chickens Destroyed After Plant Was Closed for Salmonella and Cockroaches
The U.S. District Court for the Eastern District of California has ruled that "Accidental Contamination" and "Government Recall" provisions in a product contamination insurance policy covered losses sustained by the insured poultry producer when its plant was closed and it had to destroy 1.3 million pounds of chicken after regulators said they found salmonella and cockroaches at the facility.  Read More

View All Case Law Developments

Health Insurance

Washington Bill Would End "Surprise" Billing for Hospital Emergency Services
Washington Insurance Commissioner Mike Kreidler is proposing legislation that, he said, would protect Washington consumers from surprise emergency services bills.  Read More

Insurance Fraud
North Carolina Man Receives 11 Years in Prison for Crop Insurance Fraud
Milton Russ Barnhill, of Tabor City, North Carolina, has been sentenced to a total of 11 years in federal prison on charges of conspiracy to make false statements in connection with federal crop insurance, making false statements in connection with federal crop insurance, mail fraud, and money laundering. Read More

View All Legislative/Regulatory Developments
XL Catlin Names Cynthia Koehler New Global Practice Leader for Casualty Claims  Read More

United Insurance Holdings Enters into Catastrophe Aggregate Reinsurance Contracts  
Read More

Plymouth Rock Assurance Names Will Jerro to Lead N.J. Direct Division and Teachers' Insurance  
Read More

Munich Re to Acquire Additional Shares of Apollo Munich Health Insurance  
Read More

National General Holdings to Acquire Century-National Insurance  
Read More

View All Industry News
Replacement Cost versus Ordinance or Law Provision


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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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