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TODAY'S TOP DEVELOPMENTS Monday, August 24, 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.


How to Read a Policy: A Short Lesson from a Federal Court
A federal district court in California, in a case pitting one insurance company against another, has issued a decision explaining how to read a policy's self-insured retention endorsement to determine whether the SIR had been met as to any claims in four underlying actions so as to trigger a duty to defend the entirety of any of the underlying actions. Read More

Automobile Insurance

Michigan Appeals Court Finds Insurer's Action Against Another Insurer Seeking Reimbursement of No-Fault Benefits Was Filed Too Late — But State's Supreme Court May Alter the Analysis
An appellate court in Michigan, reversing a trial court's decision, has ruled that the limitations periods set forth in the state's no-fault insurance law barred an insurer's action against another insurer seeking reimbursement for no-fault benefits that, it alleged, should have been paid by the defendant insurer. The appellate court ruled that neither statutory exception applied. The Michigan Supreme Court, however, is considering a case that may alter how one of the exceptions is interpreted. Read More

Verdicts & Settlements
$1.3 Million Jury Award Where Delivery Driver Mistakenly Pumped Fuel into Basement
An Ohio jury has awarded homeowners over $1.3 million — and their insurance company $183,120 — after finding that a fuel company's driver had negligently pumped fuel into the homeowners' basement. Read More

Homeowners Insurance
Filed Rate Doctrine Barred Mortgagors' Complaint Over Alleged "Rebates" and "Kickbacks" Loan Servicer Received from Insurer in Connection with Lender-Placed Insurance, Second Circuit Decides
The U.S. Court of Appeals for the Second Circuit, reversing a district court's decision, has ruled that borrowers' claims that they had been overcharged for lender-placed insurance as a result of "rebates" and "kickbacks" their loan servicer had received from the insurance company were barred by the filed rate doctrine even though the transaction involved an intermediary — the loan servicer — that passed along the cost of the insurance to the borrowers. Read More

View All Case Law Developments

Title Insurance

Title Insurance Commission Members Appointed by Colorado Governor Hickenlooper
Colorado Governor John Hickenlooper has appointed nine members to the state's Title Insurance Commission. Read More

Health Insurance
Missouri Insurance Department Fines Cigna for Improperly Denying Chiropractic Claims
The Missouri Department of Insurance has fined Cigna subsidiaries $140,800 for incorrectly denying chiropractic claims, using unapproved forms, charging copayments of more than 50 percent, and failing to send an explanation of benefits to member. Read More

View All Legislative/Regulatory Developments
Drone Industry Growth Threatened by Cyber Attacks, Human Error, and Privacy Concerns, Lloyd's Emerging Risk Report Shows Read More

Duane Sanders Named CEO of Travelers Canada 
Read More

Everest Re Hires Connie Germano and Tom Morelli for its U.S. Insurance Casualty Operations Read More

Larry Burton Joins ACLI as Chief Operating Officer 
Read More

Allstate Roadside Services Selected as Roadside Assistance Provider for Lyft Drivers Read More

View All Industry News
Slogan Infringement Coverage Dispute


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

View Entire July/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
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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