LexisNexis® Legal Newsroom
What Google Knows

With news from Google that it can predict flu outbreaks based on key-word searches – searches using the term “flu” itself or symptoms such as “sore throat,” “fever” or “general crankiness” (See http://www.google.org/flutrends/) it makes me wonder...

Insurance Caselaw Roundup (11/14/08)

The following is a list of recent insurance-related opinions issued in California: Owner Who Could No Longer Work "Hands On" Held not "Totally Disabled" under Disability Policy to Perform Listed Duties of Buyer/Manager -- Hecht v. Paul Revere Life Insurance Co ., 168 Cal. App. 4th...

Can Coventry change?

I've been conversing with a few old industry hands about Coventry work comp's recent decision to become kinder and friendlier. As I reported, the motivation stemmed from a customer survey done this summer by an outside consultant/now employee, Pat Sullivan. I haven't seen the survey, but...

Pamela D. Pengelley on Fessing up to Facebook: Recent Trends in the Use of Social Network Websites for Insurance Litigation

INTRODUCTION In December 2008, after several failed attempts to serve a couple with court documents by email and text messaging their mobile phones, an Australian lawyer won the right to serve a default judgment by posting the terms of the judgment on the defendants’ Facebook “Wall”...

Web 2.0 for the Insurance Industry (and the Rest of the World)

Early in my career when I was doing legal work for London insurers, we communicated with our U.K. clients using telex , a technology that is to communications what smacking clothes on a rock is to cleaning fabric. It seemed a huge leap when we progressed to faxes, even though the pages rolled off of...

Ernst & Young 2009 Insurance Outlook – US Property/Casualty

Ernst & Young’s 2009 Insurance Outlook for the US property and casualty (P&C) industry initially notes that the P&C industry is emerging from the turmoil in financial markets with significant isolated damages, but so far no serious general impairment. This Outlook discusses these...

New Jersey Senate Considering Ban on Credit-Based Insurance Scoring

New Jersey State Senator Nia H. Gill has introduced Senate Bill 2766 into the New Jersey State Senate to temporarily prohibit the use of credit-based insurance scoring by property-casualty insurers in rate-making for personal lines insurance coverage. The bill, as currently drafted, would suspend such...

State Insurance Premium and Other Insurance Taxes

Premiums collected by insurance companies have been subject to state taxation in the United States since at least the mid-Nineteenth Century (see Section 12.01[1]). An insurance premium tax is a form of gross receipts or excise tax; it is not based on profits or earnings, and is not affected by the cost...

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

It was the decade with no name. Ten years that turned the world upside down. The decade began with concern over the millennial impact of a mathematical oddity but was ultimately dominated by two iconic events—one natural and one spawned by evil men—that spawned hundreds of insurance coverage...

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

The Five Most Important Insurance Coverage Rulings of 2000: Commercial Union Ins. Co. v. Seven Provinces Ins. Co., 217 F.3d 33 (1st Cir. 2000). The First Circuit ruled that a reinsurer could be sued for unfair claims handling and bad faith based upon a pattern of evasive claims handling in which...

9th Annual Insurance Coverage Top Ten and Coverage for Dummies 2009 Special Report

You're invited to access a FREE DOWNLOAD of "Thriller: 9th Annual Review of the Year’s Ten Most Significant Insurance Coverage Decisions” and the 2 nd Annual “Coverage for Dummies” special report, an article that Sarah Damiani and I published in the December issue of...

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

2001. For those of us of a certain age it was, like 1984, a year in which remembered symmetries clashed with current realities. For many, it was the year in which the new century finally began. By the fall, it was clear to all that we had entered a new era. 2001: The Year of the Snake Top New Claim...

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

2002: The Year of the Horse Top New Claim Threat: Terrorism Athletic Achievement: New England Patriots Furthest Fall from Grace: Salt Lake City Winter Olympics Coolest New Gadget: GPS Hottest Coverage Issue: Vanishing Premiums The Five Biggest Rulings of 2002 Anthem Electronics, Inc....

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

2000, 2001, 2002 – Of the final decisions issued by the California courts during those years which had a significant impact on insurers over the course of this decade, in addition to what Mike Aylward notes, I would add the following: 2000 No comparative bad faith. Kransco Int. v. American...

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

2003: The Year of the Sheep Top New Claim Threat: SARS Athletic Achievement: Lance Armstrong Furthest Fall from Grace: Martha Stewart Coolest New Gadget: DVD Camcorders Hottest Coverage Issue: Sue and Labor Clauses The Five Most Important Insurance Coverage Rulings of 2003 Hameid v. National...

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

2004: The Year of the Monkey Top New Claim Threat: Eliot Spitzer Athletic Achievement: Boston Red Sox Furthest Fall from Grace: Britney Spears Coolest New Gadget: Apple I Pods Hottest Coverage Issue: Wardrobe Malfunctions The year of Spitzer. Aon and Marsh were battered by controversy over...

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

2005: The Year of the Rooster Top New Claim Threat: Hurricane Katrina Athletic Achievement: Roger Federer Furthest Fall from Grace: Scott Gilbert Coolest New Gadget: HD Television Hottest Coverage Issue: Absolute Pollution Exclusion The 5 Most Important Insurance Opinions of 2005 Avery...

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

2006: The Year of the Dog Top New Claim Threat: *** Cheney Athletic Achievement: Barbaro Furthest Fall from Grace: Duke Lacrosse Coolest New Gadget: WiFi Hottest Coverage Issue 524(g) Plans The 6 Most Important Rulings of 2006 Fuller-Austin Insulation Co. v. Fireman’s Fund Ins....

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

In our opinion, the most significant insurance ruling in Oregon over the past ten years is the Oregon Supreme Court’s decision in Holloway v. Republic Indemnity Co. of America , 341 Or. 642 (2006). The “central issue” in that case was “whether an anti-assignment clause providing...

Featured Blog of the Month - National Insurance Law Forum: a Multi-Part Series Outlining the Decade’s Insurance Developments

2007: The Year of the Pig New Nasty Claim Threat: Contingent Commissions Athletic Achievement: Tiger Woods Furthest Fall from Grace: Dickie Scruggs Coolest New Gadget: Streaming Video Hottest Coverage Issue: “Occurrence” The 7 Most Important Coverage Rulings of 2007 Cinergy...

LexisNexis Video Discussions and Interviews from LegalTech NY, Feb 1, 2010

Feb 1, 2010 - Mike Walsh, CEO of U.S. Legal Markets at LexisNexis, addresses viewers from the convention floor at LegalTech NY 2010. Feb 1, 2010 - LexisNexis' Mike Mintz interviews USLM CEO Mike Walsh at LegalTech NY 2010. Walsh discusses the business of law, legal issues, technology and Lexis for...

Insurance Solvency Regulation – New Appleman on Insurance Law Library Edition, Chapter 14

By Gary Hernandez and Paige Waters The following chapter discusses the philosophy and methodology behind the regulation of insurer solvency. It begins in Section 14.01[1] with a brief review of the field of solvency regulation. Such regulation seeks to mitigate the risk of loss to businesses and individuals...

Market Conduct Regulation – New Appleman on Insurance Law Library Edition, Chapter 13

By A. Kenneth Levine A functional insurance market has become commensurate with the health, safety, and welfare of modern society. Insurance products fulfill the need for financial security of most Americans and the commerce upon which the American economy depends. Conversely, many economic factors...

Licensing of Insurers – New Appleman on Insurance Law Library Edition, Chapter 9

By Julie McPeak This chapter begins with a description of the issues prevalent in the initial formation of an insurance company, from the perspective of the organizers and the state insurance regulators. Often, matters of concern to regulators opining on the adequacy of the application for insurance...

Framework for the Regulation of the Insurance Industry – New Appleman on Insurance Law Library Edition, Chapter 8

By Gary M. Cohen This is a time of unprecedented turmoil in the financial markets. The failure of Lehman Brothers and the federal bailout of AIG and other major financial institutions has led policymakers to consider wide-ranging changes to a regulatory system that dates back to the Great Depression...