Cases for Professional Liability Monthly – March Edition

Download Great American v. Geostar

Download Chi Title v. Northland Ins.

Download Tudor Ins. v. Assoc Land Title

Download N. Seattle v. Great American

Download Cairo Marine v. Homeland Ins.

Download Byrd v. Evanston Ins Co.

Download Michels & Booth v. Admiral

Download Med Assurance v. Dillaplain

Download Nat'l Fire v. Radiology

Download Travelers Order

Download A&F Decision

Download Travelers v Del Webb Motion

Download National Union Complaint

 

All decisions reproduced courtesy of Lexis.

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The National Association of Insurance Commissioners recently announced that it will be holding a hearing on Stranger-Owned Annuities.

Stranger-Owned Annuities allow investors to purchase an interest in the life of an elderly or terminally ill person, inducing the insured to purchase the policy largely for the benefit of unrelated and sometimes unknown beneficiaries. The NAIC will examine whether greater regulation of the Stranger-Owned Annuity market is warranted and whether consumers are adequately protected.

In recent history, the insurance industry has focused on Stranger-Owned Life Insurance Policies, which are generally disfavored by the industry because they are a speculative investment for disinterested parties. Numerous …

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Pre-Existing Condition Limitation in Prior Group Insurer’s Policy Applied to Deny Benefits

Jones v. Unum Provident Corp.

(8th Cir., March 1, 2010)

 

A disability insurance carrier denied coverage based on the plan’s pre-existing condition clause.  The dispute was whether the prior carrier’s plan would have been paid if it had remained in force.  The Circuit Court agreed with the insurer that the prior policy lapsed when the participant stopped working full-time, even after her benefits were denied, despite that she started working again a few months later.  The court held that when the plaintiff quit work, contrary

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CaseWatch: Insurance – Cases for the February 18, 2010 Edition

Download Bramer v. Utica Mutual Ins. Co. 

Download Countryway Ins. Co. v. Slaugenhoup 

Download Douglas Ridge Rifle Club v. St. Paul Fire & Marine Ins. Co. 

Download Essex Ins. Co. v. Tri-Area Amusement Co. 

Download Forecast Homes, Inc. v. Steadfast Ins. Co. 

Download Martin v. Great Lakes Reinsurance (UK), P.L.C. 

Download Mastec, Inc. v. United States Fire Ins. Co. 

Download McHenry v. PacificSource Health Plans 

Download National Union Fire Ins. Co. of Pittsburgh, Pa. v. Nvidia Corp.

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Airlines and Insurers Seek to Keep 9/11 Settlements Confidential

In re September 11 Litigation (S.D.N.Y February 5, 2010)

 

A number of airlines and insurers have jointly moved for an order rendering the amount of certain settlements and the allocation of such funds under seal. The movants contend that disclosure of such information will be misleading and undermine the reputation of the aviation industry. Moreover, it is asserted that disclosure of this information will potentially damage the prospects of completing settlement negotiations.

 

For a copy of the motion, click here

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Supreme Court Of Florida Held That Unsolicited “Blast-Faxing” Of Advertisements In Violation Of The Telephone Consumer Protection Act Is Covered Under A Commercial Liability Policy’s Advertising Injury Provision.

Penzer v. Transportation Ins. Co.

(Supreme Court of Florida, January 28, 2010)

 

This matter involved a certified question of Florida law submitted by the United States Court Of Appeals for the Eleventh Circuit concerning whether under Florida law, the sending of an unsolicited advertisement by fax, in violation of the federal Telephone Consumer Protection Act (“TCPA”) 47 USCA §277 (2001) is covered by a particular insurance policy provision.  Specifically, the certified question stated, “Does a commercial liability policy which provides coverage for ‘advertising

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The Devil’s In the Details: Practical Consequences Of Medical Malpractice Reform

It is likely that most readers would agree that the Obama Administration’s efforts to enact health care reform remains the most prominent domestic issue debated among elected officials and indeed, their constituents.  Regardless of one’s position regarding the necessity and/or wisdom of this proposed change, there is no escaping the existence of the debate. Certainly, there is no shortage of pundants, editorials, and white papers weighing in on the issue. As the debate rages, it seems that any conversation regarding health care reform inevitably

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