Westlaw Topical Highlights: Insurance, February 14, 2014

February 14, 2014

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.

Automobile: Nonrenewal that complied with statutory and policy notice procedures was effective regardless of its substantive basis.  Nationwide Mut. Ins. Co. v. Briggs, 2014 WL 497067 (Kan.)

A notice to nonrenew an insured’s commercial automobile insurance policy, which notice complied with both the statutory procedure for nonrenewal and a consistent provision in the policy itself, was sufficient to effectively nonrenew insured’s coverage. The notice was effective regardless of whether there was a permissible substantive basis for nonrenewal. The matter was one of first impression.

2014 WL 497067.  (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).

Class Actions: Court did not abuse discretion in denying class certification based on circumstantial evidence.  Maxwell v. United Services Automobile Association 2014 WL 51242 (Colo.App.)

Liability: Suicide in Montana arose out of insured’s Utah premises through training, promotional, and admission services.  Newman v. United Fire and Cas. Co. 2014 WL 494529 (D.Mont.)

Life: Insurer was required in equity to return life insurance premiums received from secondary market purchaser of policy later found to be void ab initio.  Ohio National Life Assurance Corporation v. Davis 2014 WL 500539 (N.D.Ill.)

Health: Preliminary injunction was warranted to prohibit enforcement of state law that limited Obamacare counselors.  St. Louis Effort for Aids v. Huff 2014 WL 273201 (W.D.Mo.)

Liability: Claims for liability can be brought after ongoing operations are complete, but underlying liability cannot be due to completed operations. Westlaw Topical Highlights Summary Added February 13, 2014 Carl E. Woodward, L.L.C. v. Acceptance Indem. Ins. Co. 2014 WL 535726 (C.A.5 (Miss.))