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TODAY'S TOP DEVELOPMENTS Tuesday, September 8, 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.


Superstorm Sandy
Amtrak’s Stunning Superstorm Sandy Setback: The Court’s Rationale
A federal district court in New York has issued a memorandum explaining its reasoning behind orders that rejected arguments brought by Amtrak against its insurers stemming from losses suffered by Amtrak as a result of Superstorm Sandy. Read More

Commercial General Liability

California Supreme: Insurer May Seek Reimbursement of Fees Directly from Cumis Counsel
The California Supreme Court has ruled that an insurer may seek reimbursement directly from counsel when, in satisfaction of its duty to fund its insureds’ defense in a third party action against them, the insurer paid bills submitted by the insureds’ independent counsel for the fees and costs of mounting the defense and it did so in compliance with a court order expressly preserving the insurer’s post-litigation right to recover “unreasonable and unnecessary” amounts billed by counsel. Read More

Tenth Circuit: Excess Insurer Had No Duty to Initiate Settlement Negotiations with Third-Party Claimant
The U.S. Court of Appeals for the Tenth Circuit, deciding an issue of first impression under Oklahoma law, has ruled that an excess liability insurer did not owe its insured a duty to initiate settlement negotiations with a third-party claimant even where the insured’s liability to the claimant was clear and the insured likely would be held liable for more than its insurance would cover. Read More

Workers Compensation
Iowa Supreme: State’s Workers’ Comp Law Did Not Override Work Product Immunity for Surveillance Videos
The Iowa Supreme Court has determined that Iowa Code Section 85.27(2), of the state’s workers’ compensation law, did not override work product immunity and, therefore, did not require the disclosure of surveillance video of a claimant who sought workers’ compensation benefits before the claimant was deposed. Read More

View All Case Law Developments

Alternative Risk and Captives

Ohio Licenses First Captive Insurance Company
Imprise Financial PCC, Inc., has been licensed as Ohio’s first “protected cell” captive insurance company. Read More

In the States
Darren T. Ellingson Is Named New Acting Director of Insurance in Arizona
Arizona Governor Douglas A. Ducey has appointed Darren T. Ellingson as Acting Director of Insurance. Read More

View All Legislative/Regulatory Developments
Kansas City Crowned Safest Driving City in the U.S. Read More

America’s 10 Most Stolen Vehicles Are… 
Read More

Aspen U.S. Insurance Appoints Dominick Tassone as Head of Programs Read More

Anthem Appoints Brian Griffin Executive Vice President and President of Its Commercial and Specialty Business Operations 
Read More

Auto-Owners Insurance Acquires Atlantic Casualty Read More

View All Industry News
ISO Form
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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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