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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., Aug. 16, 2017
Attorney Nicole Tackett from the law firm of Vernis & Bowling of Charlotte, North Carolina discusses the special issues that arise in trucking claims as they relate to workers' compensation claims in North Carolina.

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.

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:
 
 
The medical malpractice act has changed to increase the caps paid by the provider and the patient compensation fund. Ind. Code 34-18-14-3. Regarding the collateral source rule, a recent decision held that where Medicaid pays medical bills, the defendant can introduce the amounts written off and reductions offered to Medicaid. But since Medicaid achieves substantial write-offs and reductions, this can greatly decrease the value of a claim where the plaintiff had insurance through Medicaid. Patchett v. Lee, 60 N.E.3d 1025 (Ind. 2016).
North Dakota courtesy of Crowley Fleck PLLP of Bismarck
The Automobiles section was recently updated including changes to uninsured and underinsured endorsements. A minor driver cannot recover underinsured motorist benefits without bringing negligent entrustment tort against the owner of vehicle. Gillespie v. Nat'l Farmers Union Prop. & Cas. Co., 2016 ND 193, 885 N.W.2d 771, reh'g denied (Mar. 30, 2017). Underinsured motorist coverage must pay compensatory damages attributable to comparative fault of owner or operator of underinsured vehicle. Hiltner v. Owens Ins. Co., 2016 ND 45, ¶ 20, 876 N.W.2d 460.
Mississippi courtesy of Wells Marble & Hurst, PLLC of Ridgeland
The seat belt statute was amended by 2017 Miss. Laws S.B. 2724, to include, every passenger and every child under the age of eighteen (18) regardless of the seat that the child occupies. It does not apply to a child who is required to be protected by the use of a child passenger restraint device or system or a belt-positioning booster seat system under the provisions of Sections 63-7-301 through 63-7-311 added to § 63-1-13(e) a/k/a Harlie's Law.

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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...


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.
 
Today, this comprehensive online resource is designed to connect insurance and claims professionals not only with client-recommended attorneys, independent adjusters and expert service providers, but also with third party administrators with experience in working with the insurance industry.
 
We offer advanced search features and targeted information to help you find the right firm to meet your needs, along with a host of additional resources – podcasts, webinars, videos, industry news and more – and a free bimonthly e-newsletter, BestConnect, to bring you the latest news from qualified member firms.
 
If you provide services that can benefit the insurance industry, consider becoming a qualified member of Best's Insurance Professionals & Claims Resource. Any questions can be sent to claimsresource@ambest.com
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