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TODAY'S TOP DEVELOPMENTS Wednesday, September 2, 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.


Commercial General Liability
In Landmark Ruling, California Supreme Court Holds that Insurer May Not Refuse to Honor Insured's Assignment of Policy Coverage Regarding Injuries Predating Assignment
In a landmark ruling, the California Supreme Court has held in Fluor Corp. v. Superior Court that California Insurance Code Section 520 barred an insurer from refusing to honor an insured's assignment of policy coverage regarding injuries that predated the assignment. In so deciding, the court has brought California in line with the majority rule that precludes an insurer, after a loss has occurred, from refusing to honor an insured's assignment of the right to invoke policy coverage for such a loss. Read More

Automobile Insurance

Ohio Supreme: Auto Policy's "Any Negotiated Reduced Rate" Language Did Not Include Reduced Rates Negotiated by Insured's Health Insurer
The Ohio Supreme Court, reversing an appellate court's decision, has ruled that language in an automobile insurance policy providing that the insurer would pay "any negotiated reduced rate accepted by a medical provider" did not include the reduced rates negotiated by the insured's third-party health-insurance provider. Read More

Automobile Insurance
Montana Supreme: Insurer Properly Canceled Policy for Nonpayment of Renewal Premium
The Montana Supreme Court, affirming a trial court's decision, has ruled that the owner of a pickup truck did not have insurance coverage in effect at the time the truck was damaged in an accident, due to his nonpayment of a renewal premium. Read More

Eye on the Experts
SDNY Bankruptcy Court Says Claims Against Insurer Need Not Be "Inextricably Intertwined" with Insurer's Relationship with Debtor to Fall Within Scope of Channeling Injunction
This Eye on the Experts article discusses a recent decision by the Bankruptcy Court for the Southern District of New York, in which the court refused to adopt the argument that a claim must be "inextricably intertwined" with the insurer's and debtor's insurance relationship to fall within the protections of the injunction. Read More

View All Case Law Developments

Insurance Fraud

Former Insurance Broker Sentenced to Prison in Massive Phony Trucking Cargo Insurance Fraud
John Paul Kill, the former operator of an insurance brokerage firm in Norcross, Georgia, has been sentenced to four years in federal prison for insurance fraud. Read More

Automobile Insurance
Geico Agrees to Pay $6 Million to California and Change Allegedly Misleading and Discriminatory Business Practices
Geico, a large multi-line insurer licensed in California, has agreed to pay $6 million and implement several changes to its business practices as part of a settlement with the California Department of Insurance. Read More

View All Legislative/Regulatory Developments
Cate Paolino Joins NAMIC State Affairs Team Read More

Crown Global Insurance Group Names Executive Jay Judas as Managing Director 
Read More

Donna Ross Joins SUNZ Insurance as In-House Counsel Read More

Harry Conaway Named CEO of Employee Benefit Research Institute 
Read More

Insurers' Claim Operations Facing Challenges to Attract, Retain Top Talent, Towers Watson Survey Shows 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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