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| TODAY'S TOP DEVELOPMENTS |
Thursday, February 12, 2015 |
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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.
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Automobile Insurance
Motor Vehicle Financial Responsibility Law Did Not Negate Policy Exclusion, Missouri Supreme Court Decides
The Missouri Supreme Court, affirming a trial court’s decision, has ruled that the Motor Vehicle Financial Responsibility Law did not negate the “owned by not designated” exclusion in an automobile insurance policy. Read More
Commercial Lines
“Master Agreement” Between Kmart and Footwear Department Operator Limited Obligation of Operator’s Insurer to Indemnify Kmart, Seventh Circuit Holds
The U.S. Court of Appeals for the Seventh Circuit, reversing a trial court’s decision, has ruled that the insurance carrier for the operator of a footwear department at Kmart Corp. was not obligated to indemnify Kmart for a claim against it because the claim did not arise “pursuant to” or “under” the agreement between Kmart and the operator, which specifically precluded Footstar employees from working outside of the footwear department, where the alleged injury had occurred. Read More
Commercial General Liability
Texas Appeals Court Withdraws Opinion Holding that Insured May Be Able to Demonstrate Coverage for Punitive Damages Award
A Texas appeals court has withdrawn an opinion in which it reversed summary judgment in favor of an insurance company and ruled that the insured should have the opportunity to demonstrate that a punitive damages judgment against it was covered by commercial general liability and umbrella policies that had been issued in its favor. The appeals court withdrew its prior opinion after the insurer filed a motion for rehearing on the ground that the case was moot. Read More
Homeowners Insurance
Homeowners’ Alleged Misrepresentation about “Cracking Damage” Was Insufficient to Allow Insurer to Rescind Policy on Summary Judgment, Appeals Court Rules
An appellate court in Florida has ruled that an insurer was not entitled to summary judgment declaring a homeowners’ policy void on the ground that the insureds had misrepresented the condition of their home when they submitted their policy applications, finding ambiguity in the policy question to which the homeowners had replied. Read More |
View All Case Law Developments |
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In the States
Ohio Bans Insurer Use of “Price Optimization”
The Ohio Department of Insurance has banned the use of price optimization by insurance companies. Read More
Cyberliability
U.S. Insurance Regulators Call for Multi-State Examination of Anthem
Members of the National Association of Insurance Commissioners (“NAIC”) have called for a multi-state examination of Anthem, Inc., and its affiliates following the discovery of a cybersecurity breach at the health insurance company. Read More
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View All Legislative/Regulatory Developments |
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| CFO Richard McKenney Named Unum Group President and Appointed to Its Board; Will Succeed Thomas Watjen as CEO Read More |
ACE Launches New Transactional Risk Coverage to Facilitate M&A Deal Negotiations; Edward Markovich Appointed to Lead Initiative Read More |
Argo Insurance Offers New Excess Casualty Facility Read More |
Liberty Mutual Appoints Melissa Kayali as West Division Underwriting Manager for Commercial Property Insurance Read More |
United Insurance Completes Its Acquisition of Family Security Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire January / February Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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| 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. |
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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 |
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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.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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