Liability & Insurance Week

Browse past and current articles from this publication.

WYOMING BILL WOULD FORCE REPORTING WHEN POLICIES LAPSE.
A bill in the Wyoming Legislature would require insurers to report cancellations, non-renewals and issuance of auto liability policies within 10 days. Insurers oppose the bill, SF0020, on grounds . . .

VIRGINIA COMPROMISE WOULD HELP COMMUNITY HOSPITALS.
The Virginia Senate Courts of Justice Committee has approved a compromise proposal to ease the burden of malpractice insurance premiums on high-risk doctors and community hospitals. The compromise . . .

TENNESSEE REGULATOR FILES RICO SUIT OVER INSURERS' FAILURES.
Tennessee Insurance Commissioner Paula Flower has filed a federal lawsuit against Reciprocal of America and related companies, charging them with violating the federal Racketeer Influenced and Corru . . .

SOUTH CAROLINA BILL WOULD TAP SECOND INJURY FUND.
The South Carolina House Ways and Means Committee has approved a budget provision that would appropriate $40 million from the Second Injury Fund for general revenues and eventually eliminate the fun . . .

PENNSYLVANIA BILL WOULD HELP GUARANTY ASSOCIATIONS.
The Pennsylvania Senate has approved legislation that would help guaranty associations by ensuring that large commercial policyholders whose policies carry large deductibles remain responsible for t . . .

OKLAHOMA COMMISSIONER CHARGED WITH EMBEZZLEMENT.
Oklahoma Insurance Commissioner Carroll Fisher has been indicted on felony charges that include embezzling more than $40,000 from the Insurance Department's Continuing Education Fund. Fisher and h . . .

NEW YORK'S TOP COURT LIMITS SUBROGATION RECOVERY.
The statute of limitations for a subrogation action by an insurer starts from the date of the accident, not the date when the first of the affected benefits were paid, the New York Court of Appeals . . .

NEW JERSEY SUPREME COURT UPHOLDS BAR ON SUITS BY UNINSURED.
The New Jersey Supreme Court has rejected a constitutional challenge to the state's law forbidding uninsured motorists who are injured in accidents from filing suit to recover damages. "We are sat . . .

AAA FINDS CAR CRASHES MORE LIKELY TO KILL ELDERLY DRIVERS.
The AAA Foundation for Traffic Safety has released a study showing drivers in their late 50s and early 60s are among the nation's safest drivers but those 65 and older are likely to get into an acci . . .

PFIZER STOPS SELLING PRESCRIPTION DRUGS TO CANADIAN DRUGSTORES.
Pfizer Inc. has stopped selling prescription drugs to Canadian mail-order pharmacies thought to be reimporting the drugs into the United States at a cheaper price than American consumers would have . . .

TENTH CIRCUIT UPHOLDS FCC-FTC "DO NOT CALL" LIST.
A three judge panel of the Tenth U.S. Circuit Court of Appeals has unanimously upheld the "Do Not Call" list as constitutional and found the Federal Communications Commission's established business . . .

DOJ WHISTLEBLOWER SUES DOJ, ASHCROFT FOR "GROSS MISMANAGEMENT".
Richard G. Convertino, a 15-year veteran prosecutor for the Department of Justice, has filed suit against Attorney General John Ashcroft and other top Justice Department officials for alleged "gross . . .

MISSISSIPPI SUPREME COURT LIMITS JOINDER IN PROPULSID CASE.
In a major victory for corporate defendants, the Mississippi Supreme Court has spelled out strict limits to the state's substitute for class action - its "permissive joinder" rule - and left only on . . .

FRIST NOT EXPECTED TO GET 60 VOTES ON MEDMAL CLOTURE VOTE.
Despite his attempts to persuade senators to vote for a medical malpractice bill limited to capping damage awards to providers of obstetrical and gynecological services rather than all medical speci . . .

BUSH MAKES 2nd RECESS APPOINTMENT, NAMES PRYOR TO 11th CIRCUIT.
President Bush made his second recess federal judicial appointment late Feb. 20, naming Alabama Attorney General William H. Pryor Jr. to the Eleventh U.S. Circuit Court of Appeals while Congress. . . .

VIRGINIA WOMAN PREVAILS IN SUIT OVER CREDIT INVESTIGATION.
The Fourth U.S. Circuit Court of Appeals has upheld a jury verdict in favor of a Virginia woman who sued the giant credit-card company MBNA and the three major credit reporting agencies after her co . . .

WYOMING HOUSE PANEL VOTES TO LIMIT CLAIMS INFORMATION.
The Wyoming House Corporations Committee has voted to approve legislation opposed by insurers that would limit industry use of loss histories on homes. Insurers object to provisions of HB 0040 whi . . .

WASHINGTON STATE JUDGES BALK AT HANDLING LAWSUIT.
A lawsuit against the city of Tacoma, WA, for alleged negligence in hiring David Brame as sheriff has been moved to neighboring King County because eight of Pierce County Superior Court's 21 judges . . .

WASHINGTON STATE SENATE PASSES TORT REFORM BILL.
The Washington State Senate passed a comprehensive tort reform bill Feb. 10 by a vote of 27-22, limiting liability of doctors, builders, governments and manufacturers in a variety of ways. The Rep . . .

SD AND WV SUED BY COUNCIL OVER THEIR COUNTER-SIGNATURE LAWS.
The Council of Insurance Agents & Brokers has filed suit in South Dakota and West Virginia as well as the U.S. Virgin Islands challenging their statutes precluding out-of-state insurance brokers fro . . .

MISSOURI'S 10-YEAR TIME LIMIT APPLIED TO ERISA CLAIMS.
Missouri's unusually long 10-year statute of limitations applies to claims filed under the Employee Retirement Income Security Act against a self-funded employee benefits plan, the Eight U.S. Circui . . .

MINNESOTA MAN'S DEATH WHILE DRUNK DEFINED AS ACCIDENTAL.
The death of a Minnesota man who crashed his motorcycle while drunk fits the definition of an "accident" and not an "intentionally self-inflicted injury" under his employer's insurance policy, the E . . .

LOUISIANA LAWSUIT NOT TOLLED BY CLAIM UNDER FTCA.
Louisiana's statute of limitations for a lawsuit against a contractor for the Army Corps of Engineers wasn't extended when the plaintiff filed an administrative claim under the Federal Tort Claims A . . .

AETNA 4th QUARTER PROFIT MORE THAN DOUBLES, INCOME UP TO $250M.
Aetna reported last week its fourth-quarter profit had more than doubled and its net income has risen to $249.5 million. The figures showed the giant health insurer had successfully kept medical c . . .

AIG'S 2003 NET INCOME INCREASES 68 PERCENT, TO $9.27 BILLION.
The American International Group reported Feb. 11 its net income in 2003 rose to $9.27 billion, an increase of 68 percent over its net income for 2002. For the fourth quarter, the insurer reported . . .

CBS NEWS STORY ON CALIBER COLLISION CALLED UNFAIR BY PCI'S PARKS.
A CBS Evening News story Feb. 11 investigating one customer's allegation his car was not repaired properly by an auto-body shop owned by a consortium of insurance companies has raised the ire of Car . . .

NADER TELLS BUSH TO BACK UP HIS CHARGE OF FRIVOLOUS LAWSUITS.
Consumer advocate Ralph Nader attacked President Bush Feb. 12 for misleading Americans in his State of the Union speech and other speeches about the need for medical liability reform because hospita . . .

DELAY THREATENS TO ADD MTBE LIABILITY PROVISION TO HIGHWAY BILL.
House Majority Leader Tom DeLay (R-TX) threatened Feb. 10 to attach its House-passed energy bill to the House-passed highway reauthorization bill, even though the Senate failed to pass the energy bi . . .

FRIST NAMES PENSION CONFEREES, AGREES DEMOCRATS WILL PARTICIPATE.
Senate Majority Leader Bill Frist (D-TN) Feb. 12 named Sens. Charles E. Grassley (R-IA), Judd Gregg (R-NH), Mitch McConnell (R-KY), Max Baucus (D-MT) and Edward Kennedy (D-MA) as conferees on H.R. 3 . . .

DURBIN WANTS INDEPENDENT PROBE OF JUDICIARY LEAKS.
Sen. Richard J. Durbin (D-IL) called Feb. 12 for an independent investigator to be appointed to look into whether laws were violated when confidential documents written by Senate Judiciary Committee . . .

WARNER HEADS BIPARTISAN PUSH FOR NATIONAL SEATBELT LEGISLATION.
Sen. John Warner (R-VA) took the lead Feb. 9 in pushing a bipartisan bill, S. 1993, to provide a highway safety improvement program that includes incentives to states to enact primary safety belt la . . .

SENATE LEADERSHIP SETS VOTE ON MEDMAL, READIES CLASS ACTION BILL.
The Senate Republican leadership has set debate to begin Feb. 23 on a limited medical malpractice bill that would cap non-economic and punitive damages only for providers of obstetrical and gynecolo . . .

WATCH ON THE MEDIA.
The Associated Press reported Feb. 4 that Sen. John Kerry (D-MA) intervened in the Senate "to keep open a loophole that had allowed a major insurer to divert millions of federal dollars from the nat . . .

VIRGINIA DOCTORS MARCH TO SUPPORT MEDICAL MALPRACTICE BILLS.
About 2,500 doctors marched on the Virginia Capitol Feb. 4 to show their support of two medical malpractice bills, SB 601, which would cap non-economic awards at $250,000, and SB 601, which would re . . .

SOUTH DAKOTA KILLS MANDATORY AUTO LIABILITY INSURANCE BILL.
By a vote of 7 to 4, South Dakota's House Transportation Committee Feb. 2 killed a bill insurers said would increase auto premiums in the state by 20 percent. The bill, H.B. 1121, would have doubl . . .

NORTH CAROLINA EDUCATOR'S SUIT OVER SCHOOL DISCIPLINE IS REVIVED.
The Fourth U.S. Circuit Court of Appeals has revived a lawsuit by a North Carolina assistant principal who claimed she was demoted by her school superintendent because she spoke out against what she . . .

NEW YORK JURY TRIAL OPENS ON INSURANCE CLAIMS FOR TWIN TOWERS.
Jury selection started Feb. 4 for the first phase of the trial in U.S. District Court in Manhattan over how much insurers will have to pay New York developer Larry Silverstein for damage incurred to . . .

NEW JERSEY ISSUES 2003 AUTO INSURANCE COMPLAINT RATIOS.
The New Jersey Department of Banking and Insurance issued its first Auto Company Performance Report for Consumers Feb. 4, ranking auto insurance companies by valid complaint ratios. Banking and I . . .

ILLINOIS ERISA CASE TO BE HEARD IN FEDERAL COURT.
Reversing a lower court and joining other federal courts in ruling on the issue, the Seventh U.S. Circuit Court of Appeals has held an insurer didn't waive its right to remove a lawsuit to federal c . . .

WILLIAM S. COHEN NAMED TO AIG BOARD OF DIRECTORS.
Former Sen. and Secretary of Defense William S. Cohen has been named to the board of directors of American International Group. Cohen, 63, served from 1997 to 2001 as secretary of sefense and as a . . .

FRIST WEIGHING WHETHER TO CALL UP CLASS ACTION BILL.
Senate Majority Leader Bill Frist (R-TN) was still undecided Feb. 6 whether he would call up the class action bill, S. 1751, when the Senate finishes the transportation reauthorization bill. Frist . . .

SENATE FINANCE PASSES COLI COMPROMISE ON VOICE VOTE.
Senate Finance Committee Chairman Charles E. Grassley (R-IA) succeeded Feb. 2 in getting a compromise measure through his committee on a voice vote that would restrict the circumstances under which . . .

TAUZIN STEPS DOWN AS CHAIRMAN OF HOUSE COMMERCE COMMITTEE.
Amid rampant speculation that he is about to take a highly paid job as a lobbyist, Rep. W.J. "Billy" Tauzin (R-LA) resigned last week as chairman of the powerful House Energy & Commerce Committee. . . .

INSTITUTE FOR HIGHWAY SAFETY SAYS TESTS CONFIRM SAFETY RATINGS.
The Insurance Institute for Highway Safety reported last week that its 40 mph frontal-offset crash test are accurate predictors of real-world performance, with motorists in vehicles achieving good r . . .

NHTSA PUBLISHES FIRST ROLL0VER RATINGS.
The National Highway Traffic Safety Administration published its first rollover ratings last week, with the Ford Explorer Sport Trac 4x2 pickup scoring the lowest and the none of 21 other vehicles a . . .

FORMER PLAINTIFFS' ATTORNEY EDWARDS WINS SOUTH CAROLINA.
Former plaintiffs' attorney John Edwards won the South Carolina Democratic primary Feb. 3 with 46 percent of the vote. The win not only made Edwards the apparent chief rival to Sen. John Kerry (D-M . . .

ATRA SETS PREEMPTIVE PRIORITIES IN STATE LEGISLATURES.
Tort reformers plan to move from a primarily defensive to a preemptive role this year, going beyond the staple of medical malpractice into efforts to cut off lawsuits over obesity before they spread . . .

BUSH NO LONGER HAS UNIFIED CONGRESSIONAL GOP SUPPORT.
As the president's approval ratings dropped for the first time below 50 percent in a Gallup poll, Republicans in both the House and Senate last week broke ranks with him over his $2.4 trillion budge . . .

VIRGINIA REPUBLICANS PUSH TORT REFORM.
Majority Republicans in the Virginia House are offering a package of tort reform bills they say will help protect the state's businesses from unnecessary legal expenses that drive up the cost of goo . . .

SOUTH CAROLINA HOUSE PASSES TORT REFORM BILLS.
The South Carolina House has approved tort reform legislation including caps on damages and a review process for medical liability cases. The measures now go to the Senate, where proponents antici . . .