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TODAY'S TOP DEVELOPMENTS Monday, February 10, 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 Directors & Officers Law Firm Entitled to Defense for Clients' Lawsuit Stemming from Firm's Advertising, Notwithstanding Policy's "Legal Services Exclusion" A federal district court in Rhode Island has ruled that lawyers sued by clients who alleged a count for deceptive advertising were entitled to be defended by their insurer under a directors and officers liability insurance policy that excluded claims "related to the rendering of, or failure to render, professional services." Read More Directors & Officers Trial Strategy: How Can an Insurer Plead Diversity in a Coverage Action Where It Cannot Reasonably Ascertain Facts Supporting Jurisdiction? It typically is a rather straightforward matter when an insurance company pleads diversity jurisdiction under 28 U.S.C. § 1332. In some instances, however, the question of a defendant's citizenship can be complicated – or even unknown. A recent decision by the U.S. Court of Appeals for the Ninth Circuit suggests how an insurer can plead diversity when it cannot reasonably ascertain the facts supporting jurisdiction. Read More Commercial General Liability Circuit Court Affirms Order Reforming Policy to Include Law Enforcement Exclusion that Insurer Inadvertently Had Omitted The U.S. Court of Appeals for the Eighth Circuit has affirmed a district court decision reforming a commercial insurance policy to include an exclusion that the insurance company had inadvertently omitted. Read More Commercial Property Insured's Kentucky Suit against Insurance Agency Is Dismissed Based on Texas' Statute of Limitations A federal district court in Kentucky, applying Kentucky's borrowing statute to determine that Texas law had to be applied, has dismissed an insured's negligence action against an insurance agency on statute of limitations grounds. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY International South Korea Temporarily Bans Insurers from Marketing by Phone, Text Messages, or Email The Financial Services Commission of South Korea, reacting to a privacy breach in the country involving about 100 million credit card accounts, has banned insurance companies and other financial services institutions from selling their products by phone, text message, or e-mail until the end of March. Read More Federal Actions JPMorgan Chase to Pay $614 Million for Submitting False Claims for FHA-Insured and VA-Guaranteed Mortgage Loans JPMorgan Chase will pay $614 million for violating the federal False Claims Act by knowingly originating and underwriting non-compliant mortgage loans submitted for insurance coverage and guarantees by the Department of Housing and Urban Development's Federal Housing Administration and the Department of Veterans Affairs. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Second Part of "Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz" Is Published in FC&S Legal's Flagship Publication, Insurance Coverage Law Report  Read More Garfunkel Wild Promotes Debra A. Silverman to Partner/Director of the Firm  Read More Randall and Quilter Strengthens U.S. Captive Operations  Read More Ironshore Appoints James Dover to Head Underwriting in North America  Read More ACE Appoints Stuart Elliot as Terrorism Political Violence Underwriter for International Markets  Read More View All Industry News Q&A Guaranteed Replacement Cost and Repair or Replacement Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire February 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. 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