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TODAY'S TOP DEVELOPMENTS Tuesday, January 19, 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 Homeowners Insurance Mississippi Supreme: “All-Risk” Policy Did Not Cover Loss Suffered When Barge Allided with Home During Hurricane Katrina The Mississippi Supreme Court, affirming an appellate court decision, has ruled that an “all-risk” homeowners’ insurance policy that excluded from coverage loss caused by wind damage and loss caused by water damage did not cover the insured’s claim that her home had been damaged by a casino barge during Hurricane Katrina. Read More Commercial General Liability Classification Limitation Endorsement to Policy Was Not an Exclusion But a Definition of Scope of Coverage, N.Y. District Court Finds An appellate court in New York, affirming a trial court’s decision, has ruled that that a commercial general liability insurance policy’s classification limitations of coverage “merely define[d] the activities that were included within the scope of coverage” and did “not constitute exclusions from coverage that would otherwise exist.” Read More Commercial General Liability Expected Defense Costs Are Includable When Determining Whether Amount in Controversy Has Been Met in Removed Insurance Coverage DJ Action The U.S. District Court for the Northern District of Illinois has ruled that the costs an insurer expected to incur if it became obligated to provide a defense and indemnity to its insured had to be included when determining whether the amount in controversy had been met in an insurance coverage declaratory judgment action brought by the insured in a state court that the insurer had removed to federal court.  Read More Automobile Insurance Tenth Circuit Upholds Application of “Relative” Exclusion Where Insureds Were Not “Legally Entitled” to Collect from Owner of Underinsured Vehicle The U.S. Court of Appeals for the Tenth Circuit, affirming a Colorado district court’s decision, has ruled that insureds were not entitled to claim uninsured/underinsured motorist benefits from their insurance carrier where they were not “legally entitled” to collect damages from the owner or driver of the allegedly underinsured motor vehicle. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY In the States Florida Insurance Commissioner McCarty to Resign Florida Insurance Commissioner Kevin M. McCarty has announced that he is resigning effective May 2, 2016 to pursue other job opportunities. Read More Health Insurance CMS Could Not Effectively Ensure that Advance Premium Tax Credit Payments Made Under Obamacare Were Only for Enrollees Who Paid Their Premiums, Report Finds The Centers for Medicare and Medicaid Services (“CMS”) could not ensure that advance premium tax credit payments made to qualified health plan issuers were only for enrollees who had paid their premiums, according to a report by the Office of Inspector General for the U.S. Department of Health and Human Services. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS XL Catlin Promotes Anne Marie Elder to Chief Underwriting Officer for Marine Insurance in the Americas  Read More New Insurance “Fronting” Carrier, Clear Blue Financial Holdings, Is Formed  Read More CNA Appoints Peter McCarron Senior Vice President of Commercial Claim  Read More Allianz Global Corporate & Specialty Launches Crisis Management Division in North America; Marcos Garcia Norris to Lead Team  Read More Aviva Says It Thwarted £250,000 Bogus Whiplash Claim by “Party Bus” Passengers  Read More View All Industry News   Discussion Wind Shear as Physical Contact Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire January/February 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%%. Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874