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TODAY'S TOP DEVELOPMENTS Wednesday, August 20, 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.


Homeowners Insurance
Vermont Supreme Court Rejects Negligence Actions Against Insurers, Finding No Independent Duty of Care
The Vermont Supreme Court has rejected actions for negligence brought by insureds against their insurance carriers based on an independent duty of care, reasoning that the relationship between insurer and insured was fundamentally contractual, "defined and governed" by the coverage provisions in their insurance policy and the covenant of good faith and fair dealing implied therein. Read More

Automobile Insurance

Removing Injured Passenger from Car Constituted "Use" of that Vehicle, Ninth Circuit Decides
The U.S. Court of Appeals for the Ninth Circuit, reversing a district court's decision, has ruled that unloading an injured passenger from a car after it was involved in an accident constituted "use" of that vehicle under California law. Read More

Automobile Insurance
"Hybrid" No-Fault Claim Requires Insurer Action within 30 Days, New York Trial Court Rules
A trial court in New York has ruled that once no-fault coverage is triggered by a motor vehicle accident, a no-fault insurer must timely pay or deny the claim within 30 days, even in cases where the insurer alleges that a part of the claim involves services not causally related to the accident. If the insurer fails to act within 30 days, the court also ruled, it is precluded from raising a general lack of medical necessity defense to the entire claim – and also is precluded from raising a coverage defense to that part of the claim that might not be casually related to the accident. Read More

Commercial General Liability
No Coverage Where Alleged Dog Bite Occurred at Insured's Work – Not at the Insured Property
A federal district court in Nevada has ruled that an insurance company did not have to defend or indemnify its insured against a claim that the insured's dog bit a person at the insured's work where that was not the insured premises. Read More

View All Case Law Developments

In the States

NAIC Adopts Corporate Governance Models
The National Association of Insurance Commissioners has adopted a Corporate Governance Annual Disclosure Model Act and supporting Model Regulation that provides a means for insurance regulators to receive additional information on the corporate governance practices of U.S. insurers on an annual basis. Read More

Health Insurance

Community Health Systems to Pay $98.15 Million to Resolve False Claims Act Allegations
Community Health Systems Inc., the nation's largest operator of acute care hospitals, has agreed to pay $98.15 million to resolve multiple lawsuits alleging that the company knowingly billed government health care programs for inpatient services that should have been billed as outpatient or observation services. Read More

View All Legislative/Regulatory Developments
Former Peabody & Arnold Insurance Coverage Counsel Benjamin Welch Joins Beazley Read More

Randy Zipse Becomes Vice President of Advanced Markets at Prudential Individual Life Insurance 
Read More

Adam Kornick Named Global Analytics Director at Aviva 
Read More

Reinsurance Group of America to Acquire In-Force Mortality Block from Voya Financial 
Read More

Fosun to Make Strategic Equity Investment in Ironshore Read More

View All Industry News
Form Analysis
Dwelling Theft Coverage


Browse our entire library of over 2,500 insurance resources and forms.

View Entire August Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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
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

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