Staff Writer

February 08, 2019 | FC&S Insurance

An appellate court in California has affirmed a trial court’s decision confirming an $18.45 million arbitration award in favor of an insurer against a third-party claims service administrator.

By ICLC Staff Writer

12 minute read

February 08, 2019 | FC&S Insurance

A U.S. magistrate judge in Florida has issued a decision that significantly expands the scope of the attorney-client privilege for insurers involved in coverage lawsuits with insureds.

By ICLC Staff Writer

31 minute read

February 07, 2019 | FC&S Insurance

In a case of first impression, a U.S. magistrate judge in Texas has ruled that a claimant’s delayed retention of an attorney did not excuse its failure to timely provide presuit notice to its insurer as required by Texas law.

By ICLC Staff Writer

2 minute read

February 07, 2019 | FC&S Insurance

A federal district court in Georgia has ruled that an insurer that provided a defense to two insureds before sending reservation of rights letters was estopped from denying them coverage.

By ICLC Staff Writer

21 minute read

February 07, 2019 | FC&S Insurance

A Louisiana appellate court has reversed course and rejected its prior decision that first-party bad faith claims against insurers are subject to a one-year prescriptive period. Rather, the appellate court now has ruled that they are subject to a 10-year prescriptive period.

By ICLC Staff Writer

24 minute read

February 06, 2019 | FC&S Insurance

The Iowa Supreme Court has ruled that an electrical currents exclusion in an insurance policy precluded coverage for damage to a power plant caused when a squirrel found its way onto an electrical transformer and triggered an electrical arc.

By ICLC Staff Writer

22 minute read

February 05, 2019 | FC&S Insurance

The Idaho Supreme Court has adopted a bright-line rule in “going and coming” cases that will make it easier for employees to recover workers’ compensation benefits for injuries they suffer while driving an employer-provided vehicle.

By ICLC Staff Writer

27 minute read

February 05, 2019 | FC&S Insurance

The Supreme Court of Tennessee has ruled that an employer had no statutory or common law duty to use its automated external defibrillator (“AED”) to assist an employee who suffered a non-work related medical emergency while at work and, therefore, that the employer could not be held liable to the employee for workers’ compensation benefits.

By ICLC Staff Writer

27 minute read

February 05, 2019 | FC&S Insurance

The Louisiana Supreme Court has ruled that a minor who was illegally hired and who was injured while engaging in a task prohibited by the state’s child labor law was subject to the exclusive remedy provisions of Louisiana’s workers’ compensation law.

By ICLC Staff Writer

19 minute read

February 04, 2019 | FC&S Insurance

The Mississippi Supreme Court has ruled that a primary insurer that paid a settlement demand in good faith to avoid potentially greater liability that could arise from a future coverage determination had acted voluntarily and could not recover the payment from an excess carrier.

By ICLC Staff Writer

19 minute read