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TODAY'S TOP DEVELOPMENTS Monday, February 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.


Trial Strategy
A Closing Statement – and PowerPoint Slides – Can Go Far, But Not Too Far
Attorneys in insurance coverage cases have wide latitude in their closing statements. But as a decision by a Florida appellate court makes clear, that leeway has its limits. Read More

Indiana Supreme Court Rejects Retroactive Indemnification for Another Party’s Negligence
The Indiana Supreme Court has ruled that retroactive indemnification for another party’s negligence was an “extraordinary obligation” that generally was “not favored.” Accordingly, it ruled that it would not infer that obligation from a course of dealing where the parties’ contract did not expressly call for it in “clear and unequivocal terms.” Read More

Homeowners Insurance
No Preaward Interest to Insured on Appraisal Award in Absence of Insurer’s Underlying Breach of Contract or Other Actionable Wrongdoing, Minnesota Appeals Court Holds
An appellate court in Minnesota has ruled that an insured was not entitled to preaward interest on an appraisal award pursuant to a homeowner’s insurance policy in the absence of an underlying breach of contract or other actionable wrongdoing. Read More

Professional Liability Insurance
Claim that Person Fell Off Wheelchair Accessible Ambulance Van Sounded Both in Auto Liability and Professional Negligence, Pennsylvania District Court Decides
The U.S. District Court for the District of Pennsylvania has ruled that a commercial auto insurer was obligated to indemnify an ambulance company for a settlement it reached with a plaintiff who alleged that he was injured when he fell out of the back of its wheelchair accessible ambulance van because the van driver forgot to secure him. The court also found that the commercial auto insurer and the ambulance company’s professional liability carrier had an equal responsibility for the defense costs.  Read More

View All Case Law Developments

In the States

California Insurance Commissioner Calls for Insurance Industry Divestment from Coal
California Insurance Commissioner Dave Jones has asked all insurance companies doing business in California to voluntarily divest from their investments in thermal coal.  Read More

Insurance Fraud
Oklahoma Insurance Department Charges Convicted Embezzler with Forgery
A Yukon, Oklahoma, man has been charged with forgery after an investigation by the Oklahoma Insurance Department’s Anti-Fraud Unit. The department accused Felix Herrera of forging a former insurance agent’s name and license number on policy paperwork. Read More

View All Legislative/Regulatory Developments
XL Catlin Unveils Workplace Violence Insurance Coverage for U.S. Businesses  Read More

Sumitomo Life Completes Acquisition of Symetra Financial  
Read More

Lloyd J. “Pat” Stoik Named Senior Vice President of Great American Insurance Group  
Read More

Ironshore Names Ronald Gleason to Head Global Energy Industry Practice  
Read More

Sun Life Financial Announces $530 Million Group Annuity Deal in Canada 
Read More

View All Industry News
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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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