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DEEMBER  4,  2019
 
 
 
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In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no login to access the database and new articles are added hourly. Check out the National Law Review's Insurance Page for the latest coverage.
 
 
 
 
 
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Professional services companies, such as a real estate brokerage, a securities broker-dealer or a technology services company, look to their professional liability insurance, often referred to as an errors and omissions (E&O) policy, for coverage when they are sued for mistakes in serving their customers. While E&O policies cover business litigation risks arising from claims for economic losses – such as a bank’s liability to a customer for allowing a wrongdoer access to its accounts – damages resulting from professional errors can expand beyond the purely economic. This can result in a disconnect between the insured’s expectations of coverage and what the underwriter thinks are the policy’s limitations. More on Bodily Injury Exclusions in E&O Policies Here>
 
 
 
 
 
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Recently enacted Hawaii Senate Bill (SB) 1212 imposes extensive licensing and regulatory requirements on third party administrators (TPAs) operating in that state. Beginning January 1, 2020, no individual or entity may act as or hold itself out to be a TPA in Hawaii without first obtaining a TPA license from the Hawaii Department of Commerce and Consumer Affairs (the Department). Any person that violates the TPA licensing requirements could be issued a cease and desist order and/or be fined between $100 to $10,000 per violation by the Department in addition to any other penalties permitted by law. More on Hawaii Insurance Department TPA Application Requirements Here>
 
 
 
 
 
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In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in favor of Auto-Owners Insurance Co., ruling that a consent judgment does not constitute an excess verdict, which is an essential element of a Florida bad faith claim.
This appeal arose from an April 2014 underlying automobile accident in which David Cawthorn and Bradley Ledford were traveling in a vehicle owned by Ledford’s father’s business, Bob Ledford’s RV & Marine Inc. (Bob’s RV). Cawthorn was rendered paralyzed after Ledford fell asleep at the wheel, crashing into a concrete barrier.    More on Eleventh CIrcuit Litigation Here>
 
 
 
 
 
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Insurance fraud is a big deal and costs all of us plenty in the way of increased insurance premiums.  When automobile liability insurers see claims where they question whether the medical provider is acting appropriately, they may choose to report their findings to the state medical disciplinary authority.  If the disciplinary authority declines to impose discipline, can the medical provider sue the insurance company?  The New York Court of Appeals just answered that question. More on New York Private Right of Action Here>
 
 
 
 
 
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