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|You Get What You Pay For: Title Insurers Need Only Defend Claims Explicitly Covered in Policy|
Aaron J. Aisen, Marc W. Brown; Goldberg Segalla LLP;
November 26, 2014, previously published on November 19, 2014On November 13, the Seventh Circuit Court of Appeals decided in a case of first impression that the “complete defense” rule does not apply to title insurers and overturned the Northern District of Illinois’s ruling in Philadelphia Indemnity Ins. Co. v. Chicago Title Ins. Co. that...
|New Jersey Federal District Court Sheds Light on “Use of Motor Vehicle” Standard in New Jersey Omnibus Statute|
Davis J. Kim, Jonathan Schapp; Goldberg Segalla LLP;
November 26, 2014, previously published on November 25, 2014In Carolina Casualty Insurance Co. v. Travelers Property Casualty Co., Civ. No. 09-4871, 2014 U.S. Dist. LEXIS 150002 (Oct. 22, 2014), the United States District Court for the District of New Jersey interpreted the “use of a motor vehicle” standard under New Jersey’s omnibus motor...
|Drafting History or Purpose Does Not Undermine Plain Language: Illinois Federal Court Enforces Insured-Versus-Insured Exclusion|
Kevin P. Lolli, Jonathan L. Schwartz; Goldberg Segalla LLP;
November 26, 2014, previously published on November 24, 2014In Travelers Casualty & Surety Co. of America v. Bernhardt, 2014 U.S. Dist. LEXIS 152416 (N.D. Ill. Oct. 28, 2014), the Northern District of Illinois granted summary judgment in favor of Travelers Casualty and Surety Company of America (Travelers), finding it had no duty to defend or indemnify...
|Fifth Circuit: Claimant Must Wait for Actual Claim Denial to File Suit|
Fallyn B. Cavalieri, Sarah J. Delaney; Goldberg Segalla LLP;
November 26, 2014, previously published on November 17, 2014In an unpublished opinion, the Fifth Circuit affirmed the dismissal of a class action suit that alleged the claim administrator, wrongfully denied payment of medical claims “immediately,” instead of waiting for the participant to fail to provide requested information. In this case, the...
|Oregon Federal District Court Rejects Coverage for Trademark Infringement Under Coverage B|
Jonathan L. Schwartz, Colin B. Willmott; Goldberg Segalla LLP;
November 26, 2014, previously published on November 18, 2014In Crum & Forster Specialty Insurance Co, v. Willowood USA, LLC, et al., Civ. No. 6:13-cv-01923-MC, 2014 U.S. Dist. LEXIS 153363 (D. Or. Oct. 27, 2014), the district court of Oregon granted summary judgment in favor of Crum & Specialty Insurance Company, Allied World Assurance Company, and...
|UK: Commercial Court Awards Declaratory Relief and Specific Performance Order to Insurers|
Edwards Wildman Palmer LLP;
November 25, 2014, previously published on October 27, 2014Following the Supreme Court’s determination as to jurisdiction and the Court of Appeal’s ruling on the substantive issues, the case of Starlight Shipping v Allianz Marine ( EWHC 3068 (Comm)) returned to the Commercial Court for two further issues to be decided.
|District of Massachusetts Finds Coverage Under a Professional Liability Policy in Underlying Case Centered on Unfair Competition|
Jacquelyn Burke; Edwards Wildman Palmer LLP;
November 25, 2014, previously published on November 12, 2014On October 28, the United States District Court for the District of Massachusetts denied an insurer’s motion for summary judgment in a coverage action it had brought against its insured on a professional liability policy, an insurance broker who specialized in the placement of professional...
|Carrier’s Investigation and Denial Of UIM Benefits Following Payment of First Party Medical Claim Not Bad Faith; Neither Length of Investigation Alone Nor Disputing Causation After Not Making it an Issue in Original Claim Create Bad Faith Per Se (Middle District)|
Fineman Krekstein Harris P.C.;
November 17, 2014, previously published on November 7, 2014In Shaffer v. State Farm Mut. Auto. Ins. Co., plaintiff and his wife brought a bad faith claim against their carrier after being denied UIM coverage, following payment of medical coverage on a first party claim. The claim resulted from a motor vehicle accident in which the other driver was...
|Revise and Refile Rate Proposal, Florida Office of Insurance Regulation Tells National Council on Compensation Insurance (NCCI)|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
November 17, 2014, previously published on November 05, 2014In an Order issued today, November 5, 2014, Florida Insurance Commissioner Kevin McCarty notified the National Council on Compensation Insurance ("NCCI") that its proposed 3.3 percent overall decrease in Florida workers' compensation rates has been disapproved.
|Final Regulations Regarding Limited Scope Vision and Dental Benefits and Employee Assistance Programs as Excepted Benefits|
Dan Brown, Kenneth B. Schnoll; Dentons Canada LLP;
November 17, 2014, previously published on October 1, 2014On October 1, 2014, the US Department of Treasury issued final regulations (the "Regulations") regarding limited-scope vision and dental benefits and employee assistance programs as excepted benefits for purposes of the Affordable Care Act.