Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.
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Workers Compensation
Iowa Supreme Court Adopts Restatement (Second) of Conflict of Laws Section 185 to Determine Applicable Law in Worker’s Comp Cases
The Iowa Supreme Court has ruled that Restatement (Second) of Conflict of Laws Section 185 should be applied to determine whether the law of Iowa or South Dakota should apply to determine whether a South Dakota worker’s compensation carrier was entitled to subrogation for payments made to its insured by underinsured and uninsured insurance carriers arising out of a settlement resulting from third party litigation in Iowa. The court found “sound reasons” for applying Section 185 to this case, declaring that Section 185 “in most cases” would provide a clear rule of decision for worker’s compensation carriers and claimants and adding that the application of Section 185 was “superior to the more open-ended considerations of the most-significant-relationship tests.” Read More
Commercial General Liability
No Coverage for Alleged Defects – Including Mold – to Uncompleted House, South Dakota Supreme Court Rules
The South Dakota Supreme Court has affirmed a trial court’s decision that a commercial general liability insurance policy did not provide coverage for alleged defects – including mold – to an uncompleted home. The court affirmed the trial court’s decision that granted the insurer’s motion for summary judgment that there was no coverage under the policy because multiple exclusions applied. Read More
Personal Watercraft
“Dishonest or Illegal Acts” Exclusion Precludes Coverage for Accident Occurring while Insured Was Operating His Boat under the Influence, Court Rules
A federal district court in Virginia has ruled that a policy’s “dishonest or illegal acts” exclusion precluded coverage for an accident occurring while the insured was operating his boat under the influence. Read More
Automobile Insurance
Massachusetts Insurer Entitled to Offset No-Fault Benefits Received under New York Policy
A Massachusetts insurer was entitled to offset personal injury protection no-fault insurance benefits that two people allegedly injured in an automobile accident with its insured had received under their New York insurance policy, an appellate court in Massachusetts has confirmed. Read More |
View All Case Law Developments |
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Insurance Regulators to Enhance Corporate Governance Requirements: Deloitte
Insurers may face new corporate governance requirements, following a recent proposal by the National Association of Insurance Commissioners. Read More
Homeowners Insurance
New Jersey To Require One Page Policy Summary for Homeowners
A new law in New Jersey will require that homeowner’s insurers prepare a one page summary of their policies for homeowners. Read More |
View All Legislative/Regulatory Developments |
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Steven A. Meyerowitz, ESQ.
Director, FC&S Legal |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal |
FC&S Legal Editorial Advisory Board |
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Schuyler, Roche & Crisham, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Chadbourne & Parke LLP
Michele L. Jacobson, Stroock & Stroock & Lavan LLP
Timothy P. Law, Reed Smith LLP
Donald S. Malecki, Malecki, Deimling, Nielander & Associates, LLC
Cort T. Malone, Anderson Kill & Olick, P.C.
D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Tressler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Jenner & Block
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company |
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INDUSTRY NEWS |
W. R. Berkley Expands Role of Joseph G. Shores to Include President of Monitor Liability Managers Read More
2013 ISO CGL Changes: Implications to Risk Transfer Read More
Tokio Millennium Re to Redomesticate to Switzerland Read More |
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NEW PRODUCTS |
Zurich Announces New Coverage for Non-Profit Long Term Care Organizations Read More |
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PEOPLE |
WeiserMazars Names Mahmoud Abdallah a Senior Advisor Read More |
View All Industry News |
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CALENDAR |
9th Annual Canadian Captives & Corporate Insurance Strategies Summit Read More
NYIA 2013 Annual Conference Read More
NAIC Financial Summit
Read More |
View Full Calendar |
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INSURANCE COVERAGE LAW REPORT |
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Focus On: Coverage for Law Firm Victimized in Check Scam Read More
Is Defective Construction an "Occurrence"? The Answer Isn't So Concrete Read More
Insurance Coverage for Internet Copyright Claims Read More |
View Entire May Insurance Coverage Law Report |
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