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TODAY'S TOP DEVELOPMENTS Tuesday, July 8, 2014

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.

Health Insurance
Louisiana Supreme: Insured May Bring Action against Her Health Care Insurer under Balance Billing Act
The Louisiana Supreme Court has ruled that an insured could bring an action directly against her health care insurer for allegedly violating Louisiana's Health Care and Consumer Billing and Disclosure Protection Act. Read More

Health Insurance
Louisiana Supreme: Insured Has Private Right of Action Against Health Care Provider under Louisiana Balance Billing Act
The Louisiana Supreme Court has ruled that, under Louisiana's Health Care and Consumer Billing and Disclosure Protection Act, an insured had both an implied and an express private right of action against a health care provider that allegedly sought to collect from the insured the full amount of undiscounted charges from any tort recovery the insured might obtain rather than the discounted amount payable by the insured's health insurance carrier. Read More

Commercial General Liability
Louisiana Supreme: Direct Action Law Does Not Trump Requirements of Claims-Made-and-Reported Policy
The Louisiana Supreme Court, reversing an intermediate appellate court decision, has ruled that a third party could not proceed under the Louisiana Direct Action Statute against an insurance company that had issued a claims-made-and-reported policy where the insurer had not received timely notice of the third party's claim from the insured. Read More

Commercial Property
Louisiana Supreme: Forum Selection Clauses Are Not Per Se Violative of Louisiana Public Policy
In a lawsuit between an insurance carrier and a consultant the carrier had retained, the Louisiana Supreme Court has ruled that forum selection clauses are not per se violative of public policy in Louisiana. Read More

View All Case Law Developments

Insurance Fraud
Two Chiropractors Involved in Insurance Fraud Schemes Are Sentenced
Two chiropractors who were convicted of charges stemming from an investigation into health care and insurance fraud have been sentenced by U.S. District Judge Stefan R. Underhill in Bridgeport, Connecticut. Read More

In the States
Florida Insurance Regulator Approves Removal of up to 10,000 Additional Citizens Property Policies
The Florida Office of Insurance Regulation has approved the removal of up to 10,000 multi-peril personal residential policies from Citizens Property Insurance Corporation to Southern Oak Insurance Company. Read More

View All Legislative/Regulatory Developments
Aflac Co-Founder Paul S. Amos Dies at 88 Read More

Alexander R. Cochran Becomes a Partner at Debevoise Read More

Insurance Attorney Maria Louise Cousineau Joins Cozen O'Connor as a Partner Read More

Law Firm Insurers See Rise in Malpractice Claims Above $50 Million, Ames & Gough Survey Shows Read More

Home Emergency Insurance to Offer New Home Protection Plans to California Homeowners Read More

View All Industry News
Explosion Coverage

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View Entire July Insurance Coverage Law Report
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill & Olick, P.C.
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
David D. Thamann, The National Underwriter Company

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 To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or [email protected].
FC&S Legal: The Insurance Coverage Law Information Center
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