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TODAY'S TOP DEVELOPMENTS Thursday, March 26, 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
Insurer’s Captive Agent Had Duty of Care to Customer, Illinois Supreme Court Holds
The Illinois Supreme Court has ruled that Illinois law imposed a duty on an insurance company’s captive insurance agent to exercise ordinary care and skill in procuring the specific insurance coverage requested by the agent’s customer. Read More

Homeowners Insurance

Did Insureds’ $24,500 Property Valuation in Bankruptcy Estop Their Post-Fire $317,292.28 Valuation A Short While Later?
A federal district court in Michigan has rejected an insurance company’s argument that homeowners were judicially estopped from asserting that the value of the personal property they lost in a fire was $317,292.28 when only a short while before they had valued their personal property in their Chapter 7 bankruptcy case at only $24,500. Read More

Workers Compensation
Neither “Traveling Employee” Nor “Special Errand” Exception Applied to Back Yard Burger District Manager’s Injury on Way to Morning Meeting, Tennessee Supreme Court Panel Decides
The Special Workers’ Compensation Appeals Panel of the Tennessee Supreme Court has ruled that a district manager for several Back Yard Burger locations could rely on neither the “traveling employee” exception nor the “special errand” exception to the “going-and-coming” rule to be able to claim workers’ compensation benefits for injuries he suffered in an automobile accident on the way to a morning meeting. Read More

Title Insurance
Seventh Circuit Finds that Exclusion 3(a) in Title Policy Precluded Coverage to Lender that Ceased Funding Project, Leading to Contractor’s Liens
The U.S. Court of Appeals for the Seventh Circuit, affirming a district court’s decision, has ruled that Exclusion 3(a) in a standard form title insurance policy precluded coverage where a lender ceased funding a real estate project, which led to the filing of numerous contractor’s liens that had priority over the lender’s security interest. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Federal Actions

Fireman’s Fund Insurance to Pay $44 Million to Settle False Claims Act Allegations
Fireman’s Fund Insurance Company has agreed to pay $44 million to settle allegations under the federal False Claims Act that it knowingly issued insurance policies that were ineligible under the federal crop insurance program of the U.S. Department of Agriculture and that it falsified documents. Read More

Health Insurance

Multi-State Investigation of Premera to Begin
State insurance regulators have announced a multi-state market conduct examination of Washington-based Premera Blue Cross. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Insured Losses from Disasters Were Below Average in 2014 Despite Record Number of Natural Catastrophe Events, Swiss Re Study Finds Read More

Distraction and Teen Crashes: Study Confirms “Serious Problem” Read More

James Giordano to Retire from Canopius Group 
Read More

CNA Appoints Ziad Kubursi Senior Vice President of Financial Institutions and Management Liability 
Read More

BOLI Assets Hit Nearly $150 Billion at End of 2014 Read More

View All Industry News
 
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Discussion
Incidence of Potential Pandemic Viruses

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Browse our entire library of over 2,500 insurance resources and forms.
 
 INSURANCE COVERAGE
 LAW REPORT
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View Entire March / April 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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