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Law DigestThe 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:
 
Colorado courtesy of Murr, Siler &  Accomazzo, PC of Denver
UM/UIM insurer obligations clarified. The Wrongful Death Act's noneconomic damages cap applies on a per claim basis, not a per defendant basis. C.R.S. § 10-3-1115(2) prompt payment statute is explained.
 
Delaware courtesy of Tighe & Cottrell, P.A. of Wilmington
Automobile Guest Liability - is determined under the Negligent Entrustment Doctrine. Fisher v. Novak, Del. Super. Uninsured/underinsured Motorist providers and purchasers can contractually exclude coverage for punitive damage awards. Hamilton v. Liberty Mut. Fire Ins. Co., Del. Super., 2010 WL 8250753 (Mar. 5, 2010). Also, contribution among insurance policies explained.
 
Vermont courtesy of Theriault & Joslin, P.C. of Montpelier
Release – release of one tortfeasor does not discharge others liable for the same harm unless it is agreed the release will discharge them. Negligence, Premises Liability – Demag v. Better Power Equip., 2014 VT 78, 102 A.3d 1101, abolished the distinction between the duty a property owner owes to a social licensee and the duty owed to a business invitee.
 
Mississippi courtesy of Wells Marble & Hurst, PLLC of Jackson
Definition of Adjuster updated with July 1, 2012 amendment to statute. Waiver of uninsured motorist coverage explained. Insurance carrier bears the burden of proving that any waiver of uninsured motorist coverage was made knowingly and intelligently. Effective July 1, 2014, Mississippi adopted § 2-316 of the U.C.C., which allows for the exclusion and modification of warranties, and repealed the former § 75-2-315. M.C.A. § 75-2-316..
 
 
 
The 2015 First Quarter Issue Is Now Available
Best's Directories' Free Quarterly E-newsletter
 
Read our Complete Newsletter
Featured in This Issue:
 
 
Special Report: U.S. P/C Industry Expected to Produce 2nd Consecutive Underwriting Profit
The U.S. property/casualty industry is expected to post a second consecutive year of underwriting profitability in 2014, despite increased catastrophe losses and reduced benefit from favorable development of prior years' loss reserves
. Read More...
 
 
Also in This Issue:
We are pleased to feature Daniel W. Raab, P.A. in this issue's Member Spotlight. Daniel, an attorney in South Florida for more than 20 years, provides legal services for various commercial enterprises and has a wide range of knowledge in the areas of admiralty and transportation. He recently participated in an A.M. Best insurance law podcast and discussed a case on limitation liability on motor carriers and the impact on legal counsel and insurance companies. Read More...
 
 
In the Press -What Our Listees Are Doing
Find out what listees in California, Florida, Michigan, Pennsylvania and elsewhere are doing in their professions and communities. Read More...
 
 
For the Record - What our Listees are Writing:
Browse recent articles by our listees on what's hot in workers' comp, updates on insurance, construction defect and commercial auto law, potential issues related to manual door closers and other topics. Read More...
 
It's the Law - Legal Precedents Impacting the Insurance Industry
In Utah, employee status is no longer limited to categories explicitly listed under the Governmental Immunity Act. Recent cases in Arizona define "direct primary care provider plan," address the definition of "managing general agent" and add licensing requirements for navigators and certified application counselors. In Idaho, failure to use a seat belt is admissible as evidence under certain circumstances. Read More...

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Member Spotlight!
Our Directories listees share groundbreaking cases, innovative strategies and important thought leadership that affect the insurance industry. To learn more about the "Member Spotlight," visit our FAQ page or download our Nomination Form.
 
 
View our Member Spotlight Video
 
 
Community Showcase!
Do you know of a firm or individual who has made a difference in their community? Visit our Community Showcase FAQ page to learn more about this feature and how to make a nomination. You can also download a Nomination Form.
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.
 
To see our complete series of Insurance Law Podcasts, visit:

Posted: Mon, 16 Mar 2015
Attorney Mark Vanneste from the law firm of Secrest Wardle in Michigan, discusses the state's PIP and no-fault law pertaining to automobile accidents.

Posted: Thu, 26 Feb 2015
Attorney Ted Schaer from the law firm of Zarwin Baum DeVito Kaplan Schaer Toddy, P.C., discusses cyber liability and implementing a proper action plan when a data breach has been identified.

Posted: Tue, 17 Feb 2015
Attorneys Eric Harrison and Caitlin Lundquist from the law firm of Methfessel & Werbel in Edison, New Jersey, discuss the exhaustion defense and the Individuals with Disabilities Education Act

Posted: Thu, 05 Feb 2015
Attorney Charlie Lemley, from the law firm of Wiley Rein LLP in Washington, D.C., discusses factors insurers should consider in deciding whether to offer independent counsel when defending an insured under a reservation of rights.

If you like to be featured in a podcast, or have a suggestion for a podcast topic, please contact Directories Group Editor John Czuba or call (908) 439-2200, ext. 5673.

Recent News

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The Best's Directories series 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, these Directories are part of a comprehensive online resource. Best's Directories of Insurance
Professionals are designed to connect you not only with client-recommended attorneys, independent adjusters and expert service providers, but also with auditors and third party administrators with experience in working with the insurance industry.
 
The online Directories offer advanced search features and targeted information to help you find the right firm to meet your needs. We also publish BestConnect, a free quarterly e-newsletter to bring you the latest news from our listed firms.
 
If you provide services that can benefit the insurance industry, consider listing your firm in Best's Directories. Any questions about the Directories can be sent to directories.group@ambest.com.