Westlaw Topical Highlights: Insurance, July 29, 2016

July 29, 2016

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.

Health: Federal Employee Health Benefits Act (FEHBA) did not preempt Missouri’s anti-subrogation law.  Nevils v. Group Health Plan, Inc. 2016 WL 3919334 (Mo.) A provision of the Federal Employee Health Benefits Act (FEHBA) governing contracting authority, which stated that the terms of any contract under FEHBA which related to the nature, provision, or extent of coverage or benefits superseded and preempted any State or local law, or any regulation issued thereunder, which related to health insurance or plans, did not preempt a Missouri law prohibiting subrogation of personal injury claims. Following remand from the United States Supreme Court, the Missouri Supreme Court noted that, although the Office of Personnel Management (OPM) issued a regulation stating that FEHBA preempted Missouri’s anti-subrogation law, the FEHBA preemption clause does not express Congress’ clear and  manifest intent to preempt Missouri’s anti-subrogation law. 2016 WL 3919334  (The full-text of the rest of the Topical Highlights is available within Thomson Reuters Westlaw, subscription required).     

Automobile: Insurer was not required to restore truck to its original resale value to satisfy insurer’s repair obligation.  Baldwin v. AAA Northern California, Nevada & Utah Insurance Exchange 2016 WL 3854444 (Cal.App. 1 Dist.)

Health: Federal Employee Health Benefits Act (FEHBA) did not preempt Missouri’s anti-subrogation law.  Nevils v. Group Health Plan, Inc. 2016 WL 3919334 (Mo.)

Title: A title insurance company does not owe a duty of care to third parties in the recording of legal instruments.  Certification from the United States Court of Appeals for the Ninth Circuit in Centurion Properties III, LLC v. Chicago Title Insurance Company 2016 WL 3910991 (Wash.)

Automobile: Insured’s damages for insurer’s breach of contract and unreasonable delay or denial of benefits could be three times amount of benefit denied.  Etherton v. Owners Insurance Company 2016 WL 3912812 (C.A.10 (Colo.))

Property: Commercial property policy’s “valuation condition” did not permit insurer to value loss at zero after another insurer covered cost of repairs.  Southern Insurance Company v. Affiliated FM Insurance Company 2016 WL 3947761 (C.A.5 (Miss.))

Automobile: Certified transcripts of examinations under oath (EUOs) were admissible at trial on claim to recover assigned first-party no-fault benefits.  Charles Deng Acupuncture, P.C. v. Titan Ins. Co. 2016 WL 3583901 (N.Y.City Civ.Ct.)