Westlaw Topical Highlights: Insurance, July 12, 2013

July 12, 2013

insuranceWestlaw Topical Highlights for Insurance provides summaries of significant federal and state judicial decisions and legislative and administrative activities affecting Insurance law. A Westlaw subscription is required to access the documents linked from this page.

Property: Replacement cost policy did not require insured to actually incur expenses to be entitled to payment for costs of overhead and profit.  Trinidad v. Florida Peninsula Ins. Co. Overhead and profit are included in the replacement cost of a covered loss when the insured is reasonably likely to need a general contractor for the repairs. And thus, where the insured is reasonably likely to need a general contractor for the repairs, insurers are not permitted to hold back costs for overhead and profit contingent on the insured’s actually repairing or replacing the property.2013 WL 3333823  (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Automobile: Personal injury protection (PIP) insurer was required to give notice before limiting medical reimbursements pursuant to Medicare fee schedules.  Geico Gen. Ins. Co. v. Virtual Imaging Services, Inc. 2013 WL 3332385 (Fla.)

Automobile: Contractual limitations period begins to run on UM/UIM claim upon insurer’s breach of contract rather than date of accident.  American States Ins. Co. v. LaFlam 2013 WL 3336999 (R.I.)

Automobile: Class of insureds claiming automobile insurer breached contract did not satisfy predominance requirement for certification.  Halvorson v. Auto-Owners Ins. Co. 2013 WL 3333061 (C.A.8 (N.D.))