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TODAY'S TOP DEVELOPMENTS Wednesday, January 15, 2014   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 Commercial General Liability No Coverage for Complaint Alleging Insured Corporation and Its Director Had Sent Unsolicited Fax Ads, Third Circuit Rules The U.S. Court of Appeals for the Third Circuit has affirmed a district court’s decision that a commercial general liability insurance policy did not provide coverage for a complaint alleging that the insured corporation and its director had violated the Telephone Consumer Protection Act by sending unsolicited facsimile advertisements. Read More Commercial Property Court Rejects Insurer’s Interpretation of Applicable Deductible in Superstorm Sandy Flood Case that Would Make Coverage “Illusory” A trial court in New York has rejected an insurance carrier’s interpretation of the applicable deductible in a commercial property insurance policy that would have led the insurer to have no obligation to cover any of a $2.28 million flood loss caused by Superstorm Sandy. Read More Commercial General Liability 4th Circuit, Reversing District Court, Finds No Coverage by Estoppel for Third Party The U.S. Court of Appeals for the Fourth Circuit has ruled that a district court had improperly applied principles of equitable estoppel under South Carolina law to require that an insurance carrier provide coverage to a third party not otherwise entitled to coverage under the terms of a liability insurance policy.  Read More Trial Strategy Insurers as Intervenors in Suits Against Their Insureds in Federal Court When a plaintiff in an underlying suit against an insured defendant has reached a settlement agreement with the insured, the last thing the plaintiff probably wants is to have the insurers intervene and prolong the litigation. Plaintiffs should recognize, however, that the standard for intervention in federal court is not difficult to meet, as a recent decision by a federal district court in Kansas illustrates. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Health Insurance Volunteer Emergency First Responders Deemed Exempt from Health Care Mandate Volunteer emergency service workers will not be required to be counted as full time equivalent employees for purposes of health care coverage, according to the Treasury Department. Read More Flood Congressman Introduces New Legislation to Repeal Biggert-Waters U.S. Representative Tom Marino (R-PA) has introduced new legislation to “fully repeal” all policy aspects of the Biggert-Waters Flood Insurance Reform Act of 2012. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Insurance Coverage Litigator Elizabeth F. Ahlstrand is Elected Partner at Seiger Gfeller Laurie Read More FCCI Insurance Group Announces Promotions Read More RSA Ireland Says Its CFO and Claims Director Have Been Dismissed, as RSA Insurance Group Releases Audit Reviews Read More SIIA Names Adam Brackemyre Director of State Government Relations Read More Munich Health North America Selects Travis Micucci to Lead Munich Re Stop Loss Read More View All Industry News Q&A Tenant's Improvements and Betterments Valuation Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire December/January Insurance Coverage Law Report   View Insurance Coverage Law Report Archives Steven A. Meyerowitz, ESQ. Director, FC&S Legal [email protected] Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal [email protected] 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 ($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 [email protected]. 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