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The November 2016 Issue Is Now Available

Featured in This Issue:

Special Report: P/C Industry Performance Declines in 2Q16 as Pressure Continues on Underwriting and Investment Results
Continuing pressure on underwriting and investment results negatively impacted the performance of the U.S. property/casualty insurance industry during the second quarter of 2016. Read More...

Member Spotlight - Lindabury, McCormick, Estabrook & Cooper, P.C.
The firm's attorneys participated in a number of speaking engagements in 2016, including an A.M. Best webinar entitled "The Legal and Insurance Ramifications of Lead Injuries." Read More...

For the Record - What Our Qualified Members Are Writing
"Chapter 558 Florida Statutes Guidelines and Key Changes to the Statute for Carriers and Construction Lawyers," Attorney Joseph Kopacz discusses key changes made to Florida Statutes 558 which is the controlling law regarding construction defects in the state of Florida. Read More...

Webinars - What Insurance Professionals Should Know about Emerging Sports Liability Issues
Schools, volunteer groups and sports organizations face a widening range of risk exposures, including brain injuries, abuse and molestation, and  safety of and liability for referees and umpires. In this webinar, a panel of insurance attorneys and risk experts examines what's at stake, how to protect against risk, and what new risks are emerging in this sector. Read More...

The Insurance Law Podcast Series examines timely and important legal issues affecting the insurance industry, from an attorney's point of view. Past topics have included regulatory compliance, sports law, negligent security and more.

Insurance Law Podcast Alerts
Subscribe to the Insurance Law Podcast series to receive an e-mail alert of our most recently posted Insurance Law Podcast.

Transcripts of our podcasts are available! Please visit our Insurance Law Podcast home page to see our complete podcast series and view recent transcripts:

Posted:  Mon., Nov. 14, 2016
Dan Finn, Owner of Finn Financial Group discusses a nonphysical injury and how this type of structured settlement differs from a traditional structured settlement in claims resolutions.
Posted: Tue., Oct. 11, 2016
Attorneys Jim Steele and Matthew Berkowitz from the Carr Maloney P.C. law firm address what a party has to consider when deciding whether to make an offer of judgment to end class actions quickly and common issues that arise when they are used.

Posted:  Mon., Sept. 26, 2016
Attorney Tim Crawley from the law firm, Anderson Crawley & Burke in Ridgeland, Mississippi discusses the most recent developments pertaining to drone use and the latest on Federal Government regulation.

If you like to be featured in a podcast, or have a suggestion for a podcast topic, please contact Directories Group Managing Editor John Czuba or call (908) 439-2200, ext. 5673.

Sign up now. You must have a Member Center account with A.M. Best to view the state law digest pages.

New Feature: Insurance Law Digest Alerts
Sign up to receive an e-mail alert which provides important updates made to the Law Digests for each state and province.

   The Insurance Law Digest, updated yearly by qualified law firms, presents insurance laws for each U.S. state and several Canadian provinces. This free resource puts general insurance principles in leading case decisions at your fingertips, plus offers convenient tables summarizing parts of six popular subjects.
Law Digest Tables

Legal Precedents Impacting the Insurance Industry within the Past Year:

West Virginia courtesy of Steptoe & Johnson PLLC of Bridgeport
Due to a non-party insured's privacy interests, an insured party is not entitled to discover other similar claimants' names, addresses, and phone numbers. State ex. rel. State Farm Mut. Auto. Ins. Co. v. Cramer, 2016 W. Va. LEXIS 163, 785 S.E.2d 257 (2016). The Court will characterize an insured's third-party complaint against its own insurer as a first party bad faith claim. State ex. rel. State Auto Prop. Ins. Cos. v. Stucky, 2016 W. Va. LEXIS 520, ___ S.E.2d ___, (2016).
Vermont courtesy of Theriault & Joslin, P.C. of Montpelier
Mental health treatment providers now face expanded exposure to liability. Under Kuligoski v. Brattleboro Retreat, 2016 VT 54A, ___ A.3d ___, mental health care providers have an expanded duty to train caretakers, when a mental health patient is released to a family member's care. (See Negligence.) Defense counsel now face additional hurdles in enforcing service deadlines, especially in cases where the statute of limitations is at issue. Under Clark v. Baker, 2016 VT 42, ___ A3d ___, after expiration of the deadline to complete service of process, a plaintiff can move for an extension of time to complete service.
Washington courtesy of Lee Smart, P.S., Inc. of Seattle
Uninsured and underinsured motorists - coverage: a causal connection exists "when the events leading up to an injury involve vehicle use, unless the vehicle is merely the coincidental location of the accident." Cert. from U.S.D.C. Kroeber v. Geico, 184 Wn.2d 925, 934, 366 P.3d 1237 (2016). Substantial revisions have also been made to the Attorney section of this digest including an explanation of the Attorney Judgment Rule as well as the Malpractice section.

Recent News

Get the latest news from BestWire, A.M. Best's real-time news service, offering a wealth of up-to-the-minute insurance news from the A.M. Best Company, the world's premier insurance news organization.

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