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TODAY'S TOP DEVELOPMENTS Wednesday, August 12, 2015

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.


Homeowners Insurance
N.J. Supreme: Underlying Plaintiffs May Not Bring Bad Faith Claim Against Defendant's Insurers In Absence of Assignment of Rights or Evidence They Were Third-Party Beneficiaries of Policies
The New Jersey Supreme Court has ruled that plaintiffs who sued their neighbors over an alleged home heating oil leak from an underground storage tank may not assert a bad faith claim against the insurance carriers for one of the defendants absent an assignment of rights from the defendant to the plaintiffs or evidence that the defendant and her insurers had agreed to confer on the plaintiffs the status of third-party beneficiaries to their insurance contracts. Read More

Automobile Insurance

Insurer Must Pay $1.1 Million Excess Judgment Where Its Adjustor Failed to Read Time-Demand Paragraph in Settlement Letter
A federal district court in South Carolina has ruled that an insurance company negligently processed a claim where its adjustor failed to read a time-demand paragraph in a settlement letter from counsel for a person injured by its insured in an automobile accident – and that, as a result, the insurer should pay the injured person the $1.1 million excess judgment he had obtained against the insured. Read More

Automobile Insurance
"Danger Invites Rescue" Doctrine Entitled Firefighter to SUM Coverage, New York Appeals Court Decides
An appellate court in New York, reversing a trial court's decision, has ruled that a firefighter who asserted that he had been injured while responding to an auto accident could rely on the "danger invites rescue" doctrine to seek supplementary uninsured/underinsured motorists benefits from his personal automobile insurance policy. Read More

Fire Insurance
Insurer that Cited Arson to Deny Claims Defeats Bad Faith Action on the Strength of Its Investigation
A federal district court in Alabama has granted an insurer's motion for summary judgment on a bad faith cause of action brought by its insured based on the insurer's investigation of the two fires underlying the insured's claims and the insurer's conclusion that the insured had been involved in setting or causing the fires to be set. Read More

View All Case Law Developments

Health Insurance

Delaware Attorney General Opposes Health Insurance Commissioner's Decision on Blue Cross Blue Shield Proposed Rate Increases for Direct Pay Plan
Delaware Attorney General Peter F. Kilmartin has asked for reconsideration of a decision of the state's Health Insurance Commissioner approving a rate increase requested by Blue Cross Blue Shield of Rhode Island for its "Direct Pay" line of business. Read More

Federal Actions
Navigators Insurance Company Settles Potential Liability for Apparent Violations of Multiple Sanctions Programs
Navigators Insurance Company, an insurance company headquartered in New York, has agreed to remit $271,815 to settle its potential civil liability for 48 apparent violations of various sanctions programs. Read More

View All Legislative/Regulatory Developments
XL Group to Acquire Specialty Entertainment Insurer Allied International Holdings Read More

Drone Testing at American Family Insurance to Take Flight with FAA Approval 
Read More

The Hartford Expands Coverage for Asset Management Firms  Read More

Unum Acquires National Dental Plan in the U.K. 
Read More

Penny James Appointed Group Chief Risk Officer at Prudential plc 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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