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TODAY'S TOP DEVELOPMENTS Tuesday, September 13, 2016

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
Louisiana Supreme Court Adopts Pro Rata Approach to Duty to Defend in Long Latency Disease Cases
The Louisiana Supreme Court, examining the duty to defend in a long latency disease case, has reversed the trial court's order requiring the insurer to pay for its insured's complete defense going forward and has concluded, instead, that the insurer was liable only for its pro rata share of defense costs based on its policy periods. Read More

Commercial Lines
Plaintiffs in Garnishment Action Against Insurer Were Not Entitled to Either Prejudgment or Postjudgment Interest, Colorado Appeals Court Rules
An appellate court in Colorado has ruled that plaintiffs who had obtained a judgment against an insured and who then instituted garnishment proceedings against its insurance carrier were not entitled to recover either prejudgment or postjudgment interest. Read More

Homeowners Insurance
State Farm Policies' Definition of "Resident Relative" Violated Public Policy, Colorado Appeals Court Decides
An appellate court in Colorado has ruled that insurance policies' definition of "resident relative" impermissibly narrowed the statutorily defined class of insureds because relatives who "resided" with the named insured but who did not reside "primarily" with the named insured were included under Colorado law but not included under the policies. Read More

Automobile Insurance
Allstate Insurance Wins Multimillion-Dollar Fraud Lawsuit
A California trial court has ruled in favor of Allstate Insurance Company and the State of California, awarding $2.3 million in damages in a case that alleged kickbacks and the illegal ownership and fraudulent operation of two medical clinics in Los Angeles. Read More

View All Case Law Developments

Health Insurance

New York Regulation Seeks to Address Impact of Federal Risk Adjustment Program on State's Health Insurers
The New York State Department of Financial Services has promulgated an emergency regulation that, Financial Services Superintendent Maria T. Vullo said, address factors not addressed in the federal risk adjustment program administered by the Centers for Medicare $ Medicaid Services in the small group health insurance market. Read More

Workers Compensation
Miami Businessman Charged with Orchestrating $400,000 Workers' Comp Scam
Elso J. Macias, owner of Puertos Enterprises Inc. in Miami, has been charged by Florida authorities with orchestrating a fraud scheme by providing false and misleading information during his application for worker's compensation insurance and by grossly underreporting the company's total payroll amount. Read More

View All Legislative/Regulatory Developments
XL Catlin Boosts Global Property Insurance Capacity to $400 Million Read More

MetLife Is First Insurer to Join R3 Partnership Consortium 
Read More

Matt Murray Joins Everest Insurance's Distribution Management Team 
Read More

Peter Borchers Appointed CEO of Allianz X 
Read More

New IUCN Report Highlights Major "Ocean Risk"; Scientists Describe a Hidden Challenge of "Truly Staggering" Ocean Warming 
Read More

View All Industry News
Financial Responsibility and Compulsory Insurance Laws


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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, Cope Ehlers, 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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