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TODAY'S TOP DEVELOPMENTS Thursday, September 3, 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.


Automobile Insurance
NJ Supreme Court Limits Obligation of Auto Insurers to Pay Liability Claims of Innocent Third Parties Where Policy Is Voided for Fraud
The New Jersey Supreme Court, reversing an appellate court's decision, has ruled that, where an automobile insurance policy providing for an optional $10,000 coverage for third party bodily injury was voided due to a fraudulent application, the insurer must pay the liability claims of innocent third parties up to the contracted $10,000 amount. Read More

Homeowners Insurance

"Physical Abuse" Exclusion Applies to Claim that Insured Lent Gun to His Sister that She Used to Shoot Her Son-in-Law, Florida Appeals Court Rules in Case of First Impression
An appellate court in Florida, addressing an issue of first impression in Florida regarding the "physical abuse" exclusion of a homeowner's insurance policy, has ruled that the exclusion applied to a son-in-law's claim that his mother-in-law shot him after borrowing a gun from her brother, who was the insured under the policy. Read More

Verdicts & Settlements
Defendant Allegedly on Cell Phone Just Before Rear-Ender Must Pay Plaintiff $372,896.27
A plaintiff who alleged that she was injured in an automobile accident by a driver who was on his cell phone arguing with his girlfriend just before impact has been awarded $372,896.27 by a Texas jury. Read More

Automobile Insurance
Statutory Obligation of Insurer to Provide UM Coverage in Standard Auto Policy Was Not Diminished by Legislature's Creation of Basic Auto Policy, N.J. Appeals Court Holds
Appellate court in New Jersey, reversing a trial court's decision, has ruled that the statutory obligation of an insurance carrier to provide uninsured motorist coverage in standard automobile insurance policies was not diminished or eliminated by the legislature's creation of the basic automobile insurance policy. Read More

View All Case Law Developments

Health Insurance

Rhode Island Attorney General Appeals Health Insurance Commissioner's Decision on Blue Cross Blue Shield Proposed Rate Increases for Direct Pay Plan
Rhode Island Attorney General Peter F. Kilmartin has filed an administrative appeal in a Rhode Island state court seeking review of the decision of the Rhode Island Office of Health Insurance Commissioner increasing rates that can be charged by Blue Cross Blue Shield of Rhode Island for its "Direct Pay" line of business. Read More

In the States
Andy Hardy Is Ohio Insurance Department's New Assistant Director of Legislative Affairs and Communications
Andy Hardy has been named the assistant director of legislative affairs and communications for the Ohio Department of Insurance. Read More

View All Legislative/Regulatory Developments
State Auto Financial Announces Leadership Changes Read More

Prudential Retirement Hires New Executive to Lead TRS Product Team 
Read More

Munich Reinsurance America Appoints John Vasturia and Jill Beggs to New Leadership Positions Read More

Policyholders Approve Merger to Create Heartland Farm Mutual Insurance 
Read More

Fitch Releases Report on U.S. Life Insurers' Investment Portfolios Read More

View All Industry News
Contractual Liability Exclusion


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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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