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TODAY'S TOP DEVELOPMENTS Friday, January 9, 2015

 
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

Automobile Insurance
Alabama Supreme: Default Judgment against Alleged Third-Party Tortfeasor Did Not Bind UM Insurer
The Alabama Supreme Court, reversing a lower court's decision, has ruled that a default judgment obtained by insureds against an alleged third-party tortfeasor was not binding on the insureds' uninsured motorist insurance carrier even where the carrier was a defendant in the insureds' action. Read More

Homeowners Insurance

Dog Bites Woman Watching It for Vacationing Friends; Nebraska Supreme Court Finds She Was Excluded as an Insured as "Legally Responsible" for the Dog
The Nebraska Supreme Court, affirming a trial court's decision, has ruled that a woman who alleged that her friends' dog bit her while she was watching it at their home during their vacation was an "insured" under their homeowners insurance policy and, therefore, not entitled to recover under the policy for the losses she claimed. Read More

Commercial Property
Judge's Comment to Insurer — "Then Fork Over the Money" — Found Sufficient to Compel Disqualification. And, There Was Plenty More
A Florida appellate court has ruled that a trial judge's statement to an insurance company in an insurance coverage case — "fork over the money" — was sufficient to disqualify the trial judge. The appellate court also found a number of other statements by the trial judge that were sufficient to disqualify the trial judge on their own. Read More

Homeowners Insurance
Criminal Acts Exclusion Bars Coverage for Intoxicated Homeowner Who Negligently Shot Brother to Death
A federal district court in Minnesota has ruled that the criminal acts exclusion in a homeowners insurance policy barred coverage for a claim that the insured homeowner, while heavily intoxicated, shot his brother with a shotgun, killing him. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Terrorism Risk Insurance

House Approves TRIA Extension
The U.S. House of Representatives, by a vote of 416-5, has approved a bill extending the Terrorism Risk Insurance Act until December 31, 2020. Read More

Automobile Insurance

Nevada Attorney General Warns of Increase in Staged Automobile Accidents
Nevada Attorney General Catherine Cortez Masto has warned about the increase in staged automobile accidents intended to defraud automobile insurance companies. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Global Disaster Events Estimated to Cost Insurers US$34 Billion in 2014 Read More

Jerold Oshinsky Named One of 50 "Litigation Trailblazers & Pioneers" by The National Law Journal 
Read More

Social Security Claimants' Law Firm Binder & Binder Enters Bankruptcy 
Read More

Stuart D. Rosen Joins Robinson & Cole's Insurance and Reinsurance Group from Bingham McCutchen 
Read More

Matt Winter Is New Allstate President Read More

View All Industry News
 
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Discussion
Handling a Total Auto Loss

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 INSURANCE COVERAGE
 LAW REPORT
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View Entire December Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@SummitProNets.com
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@SummitProNets.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
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, Rivkin Radler 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 ($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@SummitProNets.com.

FC&S Legal: The Insurance Coverage Law Information Center
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