Best's Directories of Insurance Professionals
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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.
Legal Precedents Impacting the Insurance Industry within the Past Year:
Kentucky courtesy of Landrum & Shouse LLP of Lexington
Automobile - Underinsured motorist coverage is optional by statute and not mandatory. To obtain the potentially more extensive underinsured motorist coverage described in Ky. Rev. Stat. 304.39-320, the policyholder must opt in to the coverage. Under Kentucky law, a party to a contract may agree to release another from liability for ordinary or gross negligence, but not for willful or wanton negligence or where contrary to public policy. Negligence - Definition and discussion of exculpatory agreements greatly revised.
Wyoming courtesy of Buchhammer & Ward, P.C. of Cheyenne
The two year statute of limitations on medical malpractice under W.S. § 1-3-107 as applied to minors has been deemed unconstitutional. Therefore it is unclear what the statute of limitations is for medical malpractice when applied to minors. Thus, insurance companies may be defending years old medical malpractice claims.
New Mexico courtesy of Butt, Thornton & Baehr, P.C. of Albuquerque
Foreseeability was eliminated as a factor in determining whether a duty is owed to a third party in a negligence action. The New Mexico Workers Compensation Act now applies to farm and ranch laborers, where previously those laborers had been excluded from the Act. Under the New Mexico Workers Compensation Act, an employer and its insurer are required to reimburse an injured worker for expenses from medical marijuana use that the worker used pursuant to the New Mexico Compassionate Use Act.
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