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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.
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: 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.
Posted:  Mon., Sept. 12, 2016
Attorneys Aaron French and Phil Graham of the firm of Sandberg Phoenix & von Gontard P.C. discuss why Missouri is quickly becoming a risk state for handling third party claims, and what this means for the future for insurers in the state.

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.

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The September 2016 Issue Is Now Available

Featured in This Issue:

Special Report: Resurgent Catastrophe Losses and Declining Investment Income Impact U.S. P/C First Quarter Results
Driven by the highest level of first quarter catastrophe losses since 2011, the underwriting results of the U.S. Property/Casualty (P/C) industry deteriorated from the prior year. The industry posted an underwriting gain of $2.1 billing for the quarter, down from $3.9 billion in the first quarter of 2015. The resulting combined ratio of 97.4 was 1.6 points than the 95.8 posted last year. Read More...

Irwin R. Kramer of Kramer & Connolly is our Member Spotlight
Mr. Kramer is a frequent contributor to A.M. Best's Insurance Law Podcasts and recently wrote an article regarding a Maryland decision that creates a limited form of dram shop liability. Read More...

Pullin, Fowler, Flanagan, Brown & Poe, PLLC Raises Thousands for MS Society
Pullin, Fowler, Flanagan, Brown & Poe, PLLC (PFF) and Commercial Insurance Company recently sponsored the Second Annual Duane Ruggier MS Golf Tournament, in the firm's continuing and longstanding support of the Multiple Sclerosis Society. Read More...

For the Record - What Our Qualified Members Are Writing
"Do UIM Carriers Owe Pre-Trial Duties to their Insured?" Attorney Kevin Kennedy discusses the confusion surrounding pre-trial duties owed by a UIM carrier to a plaintiff and how to avoid potential bad faith claims when a carrier is adverse to a policyholder who has brought a UIM claim. Read More...

Webinars - The Legal and Insurance Ramifications of Lead Injuries
A panel of legal and insurance professionals explore the sources of lead injury claims, developing liability issues, and the industry impact of lead-based claims. Read More...

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