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The September 2017 Issue Is Now Available

Featured in This Issue:

Special Report: A.M. Best Comments on Lloyd's – Cyence Cyber Catastrophe Report
On July 17, 2017, Lloyd's and Cyence published, "Counting the Cost: Cyber Exposure Decoded," a report that aims to provide cyber insurance providers with plausible and realistic scenarios to evaluate their cyberrisk accumulations. Lloyd's, one of the largest writers of cyber insurance, and Cyence, a cyberrisk analytics firm, brought together expertise in cyber security, economic risk modeling and cyber insurance. Read More...

Member Spotlight - Crivello Carlson – Insurance Law Digest Revisors since 2003
For more than 65 years, Crivello Carlson, S.C., has defended insurance companies and their insureds in various types of lawsuits in administrative, state and federal forums. For the past 14 years, the firm has also used their expertise to revise the Wisconsin Insurance Law Digest for Best's Insurance Professionals and Claims Resource.  Read More...

For the Record - What Our Qualified Members Are Writing
"Law Alert – New Fla. S. Ct. Opinion in Medical Malpractice Cases: Medical Malpractice Caps Declared Unconstitutional Again," by Dale Paleschic of Luks & Santaniello LLC; "No UM Bad Faith in Virginia," by Gary Reinhardt of KPM Law. Read More...

Webinars -Reptile Hunters: Insurers' Defense Counsel Respond to Next-Wave Plaintiff Strategies
This webinar covers 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., Sept. 13, 2017
Attorney Al Goldberger discusses active areas of risk in interscholastic sports and how carriers are responding to claims involving injuries resulting from assaults and other intentional acts.

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.

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.

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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