Westlaw Topical Highlights: Insurance, March 18, 2016

March 18, 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.

Liability: Seven pending civil lawsuits against transactional real estate law firm and its attorneys constituted single claim or purposes of per-claim limit.  Liberty Insurance Underwriters, Inc. v. Davies Lemmis Raphaely Law Corporation, 2016 WL 741837 (C.D.Cal.) Seven pending civil lawsuits alleging that a transactional real estate law firm and its attorneys participated in a fraudulent investment scheme constituted a single claim for purposes of the per-claim limit in the firm’s professional liability insurance policies. The actions all arose from a unified policy of making alleged affirmative misrepresentations to investors in order to induce them to invest in commercial real estate acquisitions, and alleged the same misrepresentations and omissions. 2016 WL 741837  (The full-text of the rest of the Topical Highlights is available within Thomson Reuters Westlaw, subscription required).   

Automobile: Illinois motor vehicle insurer which was not licensed to sell such insurance in Minnesota was not liable for basic economic loss benefit coverage.  Founders Ins. Co. v. Yates 2016 WL 764456 (Minn.App.)

Subrogation: Insurer’s subrogation claim for medical and wage loss benefits was not destroyed by settlement of insured’s personal injury claim against third-party.  National Union Fire Company of Pittsburgh, PA. v. Toland 2016 WL 873005 (D.Wyo.)

Property: Insured was barred from arguing that commercial property policy’s coinsurance provision excluded law-and-ordinance costs from apartment’s replacement cost.  Boardwalk Apartments, L.C. v. State Auto Property and Cas. Ins. Co. 2016 WL 946293 (C.A.10 (Kan.))

Health: Members of health care plans sufficiently alleged claims against insurance companies for failing to protect members’ personal information.  In re Anthem, Inc. Data Breach Litigation 2016 WL 589760 (N.D.Cal.)

Privileges: London insurers waived attorney-client privilege with respect to attorney reports.  Certain Underwriters at Lloyd’s v. National Railroad Passenger Corporation 2016 WL 739061 (E.D.N.Y.)

Bad Faith and Unfair Practices: Insurers did not act in bad faith in refusing to pay claims based on belief that insured homeowner started fire to conceal wife’s murder.  Sheffield v. State Farm Fire and Casualty Company 2016 WL 754909 (S.D.Ga.)