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Legal News and Information


Connecticut: High Court Agrees With NAMIC, Rules AG Limited in Ability to Share Confidential Data

The Connecticut attorney general is not free to share confidential information submitted during an antitrust investigation to anyone without restriction in furtherance of antitrust investigations, the Connecticut Supreme Court ruled, in agreement with the position taken by NAMIC in an amicus brief filed with the court. (Posted: 8/17/2010)


Michigan: State Supreme Court Creates New Tort Standard

The highest court in Michigan released on Sunday its decision on McCormick v Carrier. Although the industry is still sifting through the 113-page opinion, it is clear that the thrust of the decision is to overturn 2004’s Kreiner v Fischer and establish a new threshold for tort recovery in the state. (Posted: 8/3/2010)


Proposed OSHA Rule May Have Consequences for Effective Claim Handling

On July 12, 2010, the Occupational Safety and Health Administration – the federal office charged with setting and enforcing workplace safety standards – issued a proposed rule on fall protection systems that could place new requirements on insurers for claims adjusters performing roof inspections. (Posted: 8/3/2010)


Massachusetts: Amount Billed for Medical Expenses is Admissible, But Amount Paid is Not, High Court Rules

Siding with the trial bar and disagreeing with the position of an amicus brief filed by NAMIC, the Massachusetts Supreme Judicial Court recently ruled that, pursuant to a state statute, medical bills may be introduced as evidence in personal injury cases, but the amount paid and accepted as full payment by the medical provider cannot be disclosed to the jury. (Posted: 8/3/2010)


Kagan Likely to be Confirmed Before Senators Leave for August Vacation

The Senate will check off one more item on their “to-do” list before heading out for summer vacation with the expected confirmation of Elena Kagan to the Supreme Court this week. (Posted: 8/3/2010)


Florida: NAMIC Testifies on Adjuster Rule Revisions

Liz Reynolds, NAMIC Southeast state affairs manager, testified Friday during a hearing on the Department of Financial Services Division of Insurance Agents and Agency Services’ proposed rule revisions: (Posted: 8/3/2010)


Wisconsin: State Supreme Court Rules Statute That Retroactively Increased a Carrier’s Liability Unconstitutional

The Wisconsin Supreme Court, in the case of Society Insurance v. Labor & Industry Review Commission, has held that a 2006 statute that required an insurance company to reopen a claim after the statute of limitations had run violated the U.S. and Wisconsin constitutions. (Posted: 7/20/2010)


Kagan Nomination Headed for Senate Floor After Judiciary Committee Vote

The nomination of Elena Kagan to the U.S. Supreme Court will move to the full Senate as the Senate Judiciary Committee approved it in a nearly party line vote. (Posted: 7/20/2010)


Minnesota: State Supreme Court Hands Down Rulings in Two Cases with Significant Impact on Insurance Litigation

NAMIC’s state trade association partner, the Insurance Federation of Minnesota, reports that the Minnesota Supreme Court recently decided two important cases dealing with insurance litigation. (Posted: 7/20/2010)

NAMIC Commends Michigan Supreme Court Ruling on Credit-Based Insurance Scoring

The battle over credit-based insurance scoring in Michigan may finally have resolution as the state’s Supreme Court reversed the Appellate Court’s ruling in a decision released today. (Posted: 7/9/2010)


Kagan Nomination Debate to Continue Through July (7/6/2010)


Ohio: Certified Drivers Abstract Fee Remains in Effect While State Appeals Decision (6/22/2010)


Ohio: Supreme Court Finds for Employer in Secondary Asbestos Exposure Case (6/15/2010)


Florida: Trial Court Finds for State CFO in Public Adjuster Case (6/15/2010)


Rhode Island: Supreme Court Agrees With DBR, Insurers’ Position on Labor Rate Statute (6/8/2010)


Indiana: Exclusion Not Applicable to Injury to Employee of Independent Contractor (5/11/2010)


Ohio: Policy Provides Coverage for Attorney Fees Related to Punitive Damages (5/11/2010)


Ohio: Supreme Court Rules on Admissibility of Medical Write-Off (5/11/2010)


Colorado: Organization Launches Media Campaign Educating Consumers, Legislators About Adverse Insurance Implications of Trial-Lawyer-Sponsored Bill (4/13/2010)


Utah: Contentious Trial-Lawyer-Supported Bills Signed by Governor (4/6/2010)


Minnesota: Senate Committee Defeats Bill Pursued by Litigation Funding Industry, Trial Bar (3/30/2010)


Alabama: NAMIC to Testify on Proposed Tax Rule (3/23/2010)


Colorado: Public Hearing This Week on Proposed Pro-Trial-Lawyer Bill Facilitating Filing of Frivolous Lawsuits, Increase Abuse of Civil Discovery Process (3/23/2010)


Colorado: Senate Judiciary Committee Holding Hearing on Workers’ Comp Fraud Legislation (3/23/2010)


Colorado: Bill Exposing Insurers to Frivolous Lawsuits, Increase Abuse of Discovery Process Passes as Amended to the Committee of the Whole (3/9/2010)


Connecticut: Supreme Court to Hear Oral Arguments in Case Involving Disclosure of Information Submitted to AG (3/9/2010)


Supreme Court Ruling on Citizens United: A Victory for Free Speech (3/4/2010)


Utah: 2010 Legislative Session Like Trial-Lawyer-Sponsored Reality Show on New Legislation Designed to Facilitate Filing of Frivolous Insurance Lawsuits (3/2/2010)


Idaho: Trial Bar Proposes Legislation Requiring Insurers to Pay Policyholder’s Attorney’s Fees in Contractual Arbitration (3/2/2010)


Massachusetts: Supreme Judicial Court Sides With Commissioner in Challenge to Auto Residual Market Rules (2/23/2010)

NAMIC Applauds Removal of Medical Liability from Anti-Trust Repeal as ‘Good First Step’ (2/22/2010)


Utah: NAMIC Asks Member Companies to Contact State Senate Asking Them to Vote ‘No’ on One-sided, Litigation-oriented UM/UIM Bad Faith Bill (2/16/2010)


Rhode Island: Supreme Court Hears Oral Arguments in Labor Rate Case (2/16/2010)


Colorado: Workers’ Comp Insurers, Their Clients ‘Take One on the Chin’ as Bills Pass Out of Committees (2/16/2010)


Colorado: Trial Lawyers Win First Round – The Unreasonable Insurance Claims Settlement Practices Bill Voted Out of House Committee (2/16/2010)


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