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TODAY'S TOP DEVELOPMENTS Tuesday, October 6, 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
Nevada Supreme: Insurer Must Provide Independent Counsel for Insured Where Conflict of Interest Exists
The Nevada Supreme Court has ruled that Nevada law requires an insurer to provide independent counsel for its insured when a conflict of interest arises between the insurer and the insured. It also ruled that an insurer only is obligated to provide independent counsel when the insured's and the insurer's legal interests actually conflict — and that a reservation of rights letter does not create a per se conflict of interest. Read More

Commercial Auto
Alabama Supreme: City's Auto Policy Was Primary in Case Stemming from Accident Involving City Sweeper Used by Contractor's Employee
The Alabama Supreme Court, reversing a trial court's decision, has ruled that a commercial auto policy issued to an Alabama city provided primary coverage in a case stemming from an accident involving a city sweeper being operated by a contractor's employee. Read More

Professional Liability Insurance
N.J. Supreme: Patient May Not Sue Physician for Failing to Have Insurance, But May Sue Health Care Facility for Negligent Hiring
The New Jersey Supreme Court has ruled that a patient may not sue a physician for failing to meet the state's medical malpractice liability insurance requirement — but that a cause of action for negligent hiring may be asserted by a patient against a health care facility that granted privileges to a physician who had not complied with the statutorily required insurance. Read More

Workers Compensation
N.C. Supreme: Out-of-State Contract Allegedly Modified in North Carolina Was Not "Made" in North Carolina for Workers Comp Purposes
The North Carolina Supreme Court, reversing a court of appeals decision, has ruled that an employment contract was not "made in" North Carolina for purposes of the state's workers compensation law when it initially had been formed in South Carolina and allegedly was later modified in North Carolina. Read More

View All Case Law Developments

Federal Actions

Federal Insurance Office Issues Annual Report Exploring Consumer Access to Insurance and U.S. and International Developments, Among Other Topics
The Federal Insurance Office has issued its annual report on the U.S. insurance industry. The report contains a financial overview of the industry through 2014; discusses consumer protection and access to insurance; and reviews U.S. regulatory and international developments. Read More

Superstorm Sandy
Florida Man Charged with Stealing Nearly $100,000 in Insurance Payments from Superstorm Sandy Victim
Daniel T. Phelps, of Naples, Florida, has been charged with stealing two insurance claim payments totaling more than $96,000 from a New Jersey business owner who filed the initial insurance claim after damage was sustained to his business during Superstorm Sandy in 2012. Read More

View All Legislative/Regulatory Developments
Nassau Reinsurance Group to Acquire The Phoenix Companies for $217.2 Million Read More

Penn Mutual Life Launches New Retirement Products  
Read More

Willis Launches Protected Cell Company Insurance Facility in Vermont  
Read More

Michael R. Halsband Joins Drinker Biddle's Insurance Transactional and Regulatory Team  
Read More

Warren Buffett Reduces His Shareholding in Munich Re  
Read More

View All Industry News
Personal Injury Protection—Utah


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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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