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The July 2017 Issue Is Now Available

Featured in This Issue:

Special Report: AUS P/C Industry Records Underwriting Losses Driven by Catastrophes and Lower Favorable Reserve Development
The US property/casualty (P/C) industry recorded a $6.6 billion underwriting loss in 2016 following three consecutive years of underwriting profitability. This significant swing from the prior year, combined with the continued downward trend in investment income, further eroded both pre-tax operating and net income. Read More...

Member Spotlight - Drew ROIG Lawyers Demonstrate Thought Leadership in Florida's Legal Community
Since 2005, the firm has contributed their time and scholarly talent serving as revisors of the Insurance Law Digest for the state of Georgia. Their most current updates were recently posted.  Read More...

For the Record - What Our Qualified Members Are Writing
"Andrew v. Matthew: The Evolution of Investigative Tools in Insurance Investigations," by Patricia G. Preciado of ROIG Lawyers; "Are They Coming or Going? Employee Travel Can Trigger Workers' Compensation Liability," by Paul Clouser of McNees Wallace & Nurick LLC. Read More...

Webinars -Reptile Hunters: Insurers' Defense Counsel Respond to Next-Wave Plaintiff Strategies
Register for this upcoming webinar that will cover the "Reptile Approach" - a technique that attorneys use to persuade jurors by appealing to primitive survival instincts. 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. Subscribe to the Insurance Law Podcast series to receive an e-mail alert of our most recently posted Insurance Law Podcast.

Posted:  Wed., July 12, 2017
Attorney Karen Karabinos from the law firm of Drew Eckl & Farnham discusses the application of judicial estoppel in insurance claims and the circumstances under which an insurer should consider using it as an affirmative defense.
Posted:  Thu., June 15, 2017
Attorneys John Schmidt and Lisa Gingeleskie from the law firm Lindabury, McCormick, Estabrook & Cooper, P.C. in Westfield New Jersey discuss the rise in social media wrongful termination claims and the liability for employers and insurers.

Posted:  Mon., May 15, 2017
Jerry Birnbach, Retail Expert in the insurance industry discusses regulations and practices to eliminate slip and fall risks as well as aspects that companies and defense attorneys need to consider with regard to slip and fall accident claims.

Transcripts of our podcasts are available. Please visit our Insurance Law Podcast home page to see our complete podcast series and view recent transcripts.
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.
Sign up now. You must have a Member Center account with A.M. Best to view the state law digest pages. You can also sign up to receive an e-mail alert which provides important updates made to the Law Digests for each state and province.
Legal Precedents Impacting the Insurance Industry within the Past Year:
A new section discussing the Wrongful Death Statute vs. Survival Statute has been added. This section explains that the Wrongful Death Act gives the claim to surviving family members or designated beneficiaries, for the damages suffered by those persons. Gonzales v. Mascarenas, 190 P.3d 826, 829 (Colo. App. 2008).  Whereas the survival statute,  C.R.S. §13-20-101, preserves the decedent's claim against the tortfeasor for damages suffered by the decedent. Espinoza v. Perez, 165 P.3d 770, 773 (Colo. App. 2006). A discussion of who may bring a wrongful death claim has also been added.
The District of Maine has held that an insurance company has no duty to defend an insured that has been convicted for sexual assault when the relevant insurance policy contains an abuse and molestation exclusion and the alleged damages arise out of the sexual assault which gave rise to the civil action.  Peerless Insurance Company v. K.F.H. and Gregory Vrooman, 2015 WL 5992112 (D. Me. October 14, 2015)(Singal, J).
Manitoba courtesy of Fillmore Riley LLP of Winnipeg
"Exclusion Clauses" section has been added. Ambiguous exclusion clauses are interpreted under the general rules of contract interpretation. An Ambiguous faulty work exclusion in builders' risk policy follows the interpretation that is consistent with reasonable expectations of parties & commercial reality. Ledcor Constr. v Northbridge Indem., [2016] W.W.R, 419.

Best's Insurance Professionals & Claims Resource began more than 80 years ago and remains the premiere tool for locating qualified professionals skilled at handling the unique concerns of the insurance industry.
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