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TODAY'S TOP DEVELOPMENTS Friday, October 23, 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
Illinois Supreme Court Limits Liability of Self-Insured Rental Car Companies
The Illinois Supreme Court, reversing an appellate court’s decision, has limited a self-insured rental car company’s financial responsibility for a default judgment entered against a driver of one of its vehicles to the same minimum coverage provisions applicable to rental car companies electing to meet their financial responsibility obligations through the purchase of an insurance policy. Read More

Automobile Insurance
Florida Supreme: “Collateral Source Rule” Applies to Future Benefits Provided by Social Legislation Such as Medicare
The Florida Supreme Court, reversing an intermediate appellate court’s decision, has ruled that a trial court in an insured’s lawsuit against his automobile insurance carrier had properly excluded evidence of the insured’s son’s eligibility for future benefits from Medicare, Medicaid, and other social legislation as collateral sources. Read More

Life Insurance
N.Y. District Court Dismisses Policyholders’ “Shadow Insurance” Claims Against MetLife
The U.S. District Court for the Southern District of New York has dismissed a putative class action brought by life insurance policyholders against an insurance company based on its alleged “shadow insurance” practices, finding that the policyholders had not demonstrated that they had suffered an injury sufficient for it to find that they had standing to sue. Read More

Modified Pollution Exclusion Did Not Bar Coverage for Claim that Plaintiff Had Been Injured by Legionella Bacteria in Foundry’s Cooling Towers
A Wisconsin appellate court, reversing a trial court’s decision, has ruled that a modified pollution exclusion did not bar coverage for claims that the underlying plaintiff had been injured as a result of his exposure to the Legionella bacteria that allegedly had been dispersed from cooling towers at the insured’s foundry. Read More

View All Case Law Developments

In the States

In First Enforcement Action of N.Y.’s Recent “Surprise Bill Law,” Urgent Care Centers Agree to Improve Disclosure of Accepted Insurance Plans
Four urgent care centers have reached an agreement with New York Attorney General Eric T. Schneiderman to provide “clear, detailed information to consumers” about the centers’ participation with health insurance plans. In a statement, Attorney General Schneiderman said that this move, the first enforcement action of New York’s recently adopted “Surprise Bill Law,” will protect consumers from unexpected medical billings and help patients make informed choices when selecting a provider. Read More

Regulatory Challenges and Opportunities for Reinsurers, as Seen by Guy Carpenter
Guy Carpenter has released a four part report on regulatory challenges and opportunities for reinsurance companies. Read More

View All Legislative/Regulatory Developments
New Studies Examine Drivers of Medical Costs and Impact of Reforms in 17 State Workers’ Compensation Systems Read More

Insurance Attorneys Jeanne M. Kohler and Robert W. DiUbaldo Join Carlton Fields Jorden Burt as Shareholders in New York 
Read More

Blue Shield of California Completes $1.2 Billion All-Cash Acquisition of Care1st Health Plan 
Read More

Shareholders Approve Proposed Humana Acquisition by Aetna 
Read More

FC&S Legal Publishes “The Iran Sanctions Program: Is There Relief in Sight for Reinsurers Under The Iran Nuclear Agreement?” 
Read More

View All Industry News
Minimum Auto Liability Limits


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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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