For four decades, a workers’ compensation carrier’s right to a future credit in Tennessee has been chipped away at and limited in its scope. On January 16, 2013, the Tennessee Supreme Court was given a chance to correct its own …
A California appellate court recently clarified the priority of coverage where multiple insurers are implicated for the acts of a negligent employee. In GuideOne Mutual Insurance Company v. Utica National Insurance Group, 2013 Cal. App. LEXIS 148, the court held …
Imagining a world operated mostly by computers is not hard. Cell phones have voice controlled assistants. Vehicles come with GPS technology guiding your routes. Robots are increasingly present in hospital operating rooms. And driverless cars will likely be the mainstream …
Conning’s 2012 liability trends study, “Liability and Tort Trends: Trouble Around the Corner?” found that many insurers with the poorest liability results tended to be those that were the most widely diversified. Excess and surplus (E&S) insurers were the best …
The previous year saw a number of important cases interpreting and developing the application of the attorney-client privilege and the work-product doctrine in the context of insurance claims. Insurers and insureds consistently assert and challenge these protections in coverage disputes, …
Sanity Restored To Medicare Secondary Payer Liability The 112th Congress had a lot on its plate – from the “fiscal cliff” to Hurricane Sandy relief. It passed legislation on the former but not the latter, and some people feel it …
Agents’ errors and omissions (E&O) policies provide protection for agents for certain negligent acts committed in their professional capacity but may exclude coverage for liability related to an insurer’s insolvency. These “insolvency exclusions” typically exclude coverage if the agent places …
For many corporate personnel, the concepts of underwriting and experience ratings remain a clouded mystery, yet they directly affect the amount of insurance premiums a company will pay. Even more mysterious though is what effect, if any, subrogation efforts have …
With the South Dakota Supreme Court’s decision in Wheeler v. Farmers Mut. Ins. Co. of Neb., 2012 S.D. 83, the state joined a number of other states in invalidating “owned-but-not-insured” exclusions in uninsured motorist policies. The court held that South …
Subrogation is one of the oldest legal concepts in jurisprudence with roots that trace back to Roman law under the reign of Emperor Hadrian (A.D. 177–A.D. 138). First established in English common law with the Magna Carta in 1215 A.D., …