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TODAY'S TOP DEVELOPMENTS Wednesday, January 6, 2016   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 Superstorm Sandy Divided N.Y. Appeals Court Rules that Tower Crane Damaged by Superstorm Sandy Was "Integral" to Project and Did Not Fall within Definition of Temporary Works A divided appellate court in New York has ruled, 3-2, that a 750-foot tall tower crane that was damaged by Superstorm Sandy was integral to, not "incidental to," a construction project in Manhattan and, therefore, did not fall within the definition of "Temporary Works." Read More Commercial General Liability Where Insured Orally Agreed Before Accident to Add Additional Insured, Coverage Existed No Matter When Certificate of Insurance Was Issued, Seventh Circuit Rules The U.S. Court of Appeals for the Seventh Circuit has ruled that, where a commercial general liability insurance policy provided the insured with the ability to orally agree with a third party to add it as an additional insured, coverage did not depend on the insurer's issuance of a certificate of insurance but only on whether the oral agreement had occurred before the underlying accident for which coverage was sought. Read More Automobile Insurance Ohio Supreme: Insurer's Issuance of Repair Estimate Was No "Consumer Transaction" The Ohio Supreme Court has ruled that an insurance company had not engaged in a "consumer transaction" as defined in the Ohio Consumer Sales Practices Act when it issued a repair estimate in relation to its policyholder's claim for motor vehicle damage and, therefore, that the insurer had not become a party to a consumer transaction in these circumstances. Read More Automobile Insurance In Case of First Impression, Florida District Court Holds that, in Total Loss Cases, Auto Insurers Must Pay Full Sales Tax that Would Be Due on Purchase of Comparable Vehicles In a case of first impression, the U.S. District Court for the Middle District of Florida has ruled that automobile insurance policies required payment of sales tax in the full amount that would be due on the purchase of a vehicle of comparable value to the covered vehicle at the time of the total loss of the covered vehicle. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Life Insurance Jackson National Life and AXA Equitable Life Settle Death Master File Complaints Jackson National Life Insurance Company and AXA Equitable Life Insurance Company have reached multi-million dollar settlements with state insurance regulators related to the use of the Social Security Administration's Death Master File database. Read More Insurance Fraud Connecticut Resident to Serve Federal Prison Time for Insurance Fraud Dustin Whitten, a resident of Morris, Connecticut, has been sentenced by U.S. District Judge Janet Bond Arterton in New Haven to 12 months and one day of imprisonment, followed by three years of supervised release, for his involvement in an insurance fraud. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Survey Finds One in Five Working-Age Americans with Health Insurance Report Problems Paying Medical Bills Read More GM and Lyft to Create an Integrated Network of On-Demand Autonomous Vehicles Read More FC&S Legal Publishes "Virginia Federal Court Rejects Liability Insurer's 'Business Pursuits' and 'Known Falsity' Exclusions; Owes Defense for Slander Allegations' Read More Michael E. Ravn, CEO of Church Mutual, to Retire; Richard V. Poirier Named Successor Read More Pillsbury Adds Seven to Its Insurance Recovery Practice from Orrick Read More View All Industry News   Discussion Violent Acts Expense Coverage Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire November/December Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@alm.com 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 Cort T. Malone, Anderson Kill, P.C. Richard D. Milone, Kelley Drye & Warren LLP Joseph P. Monteleone, Rivkin Radler LLP Anne M. Murray, Rivkin Radler LLP Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP Seth B. Schafler, Proskauer Rose LLP Thomas F. Segalla, Goldberg Segalla David D. Thamann, The National Underwriter Company FC&S Daily Legal Report ($1,295 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. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. 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