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TODAY'S TOP DEVELOPMENTS Wednesday, July 10, 2013   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.  CASE LAW Excess Oklahoma Supreme: Second-Level Excess Insurer Can Assert Claim against First-Level Excess Insurer In response to a certified question of state law from the U.S. Court of Appeals for the Tenth Circuit, the Oklahoma Supreme Court has ruled that a second-level excess insurer could assert a claim against a first-level excess insurer where the second-level excess insurer became liable to pay as a consequence of an agreement between the insured and its first-level excess insurer. Read More Exclusions Water Exclusion Dooms Coverage for Claim Stemming from Alleged Rupture of Underground Water Supply Line An intermediate appellate court in New York has affirmed a trial court’s decision finding no coverage for a claim alleging damage to a building stemming from the rupture of an underground water supply line. Read More Exclusions 4th Circuit Affirms Finding of No Coverage for Claims Alleging Car Dealers Had Collected Illegal “Administrative Fees” from Buyers The U.S. Court of Appeals for the Fourth Circuit has affirmed a district court’s decision that an insurer had no duty to defend or indemnify an insured car dealer in a case asserting that it had engaged in the practice of collecting illegal “administrative fees” from buyers. Read More Employee Benefits Florida Supreme Court Finds Ambiguity in Home Health Care Insurance Policy’s Automatic Benefit Increase Percentage Provision A divided Florida Supreme Court, in responding to questions certified by the U.S. Court of Appeals for the Eleventh Circuit, has determined that the “automatic benefit increase percentage” in a “Limited Benefit Home Health Care Coverage Certificate of Insurance,” which had been issued to policyholders as evidence of insurance under a group policy, applied to the dollar values of the policy’s “lifetime maximum benefit amount” and its “per occurrence maximum benefit.” Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Life Insurance Sen. Hatch to Propose Role for Life Insurers in State and Local Government Pensions Senator Orrin Hatch (R-Utah) will be proposing legislation that would permit state and city governments to turn over their pension plans to life insurance companies. If enacted into law, life insurers would be able to issue annuities to government employees to replace the pension plans currently provided to them. Read More Automobile Insurance New Jersey Increases Fines for Texting while Driving and for Illegal Cell Phone Us New Jersey Governor Chris Christie has signed legislation (S69 / A1080) that increases fines for motorists talking on a hand-held phone or texting while driving. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Lloyds’ Landmark London Building Sold to Chinese Insurer Read More Progressive Insurance and United Services Automobile Association Enter License Agreement for Usage-Based Insurance Read More David Pesce Appointed Director of Surety for AXIS Insurance in U.S. Read More XL Group Appoints Wesly Guiteau as Senior Vice President, Underwriting Manager, of Bermuda Excess Casualty Unit Read More Aviva Enhances Critical Illness Coverage Read More View All Industry News Commercial Lines ALE Claim and Property Damage Coverage Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire July Insurance Coverage Law Report   View Insurance Coverage Law Report Archives Steven A. Meyerowitz, ESQ. Director, FC&S Legal 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, Kasowitz, Benson, Torres & Friedman LLP Seth B. Schafler, Proskauer Rose LLP David D. Thamann, The National Underwriter Company FC&S Daily Legal Report ($795 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. 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