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TODAY'S TOP DEVELOPMENTS Wednesday, April 6, 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

Commercial General Liability
Asbestos: Holding Company Did Not Have Standing to Participate in Declaratory Relief Action, California Appeals Court Affirms
An appellate court in California, affirming a trial court's decision in a declaratory judgment action involving asbestos claims, has ruled that a holding company that was not a party to the insurance policies at issue did not have standing to participate in the action.  Read More

Excess
Asbestos: Policies Were Triggered by Injury Alone, Not by Both Exposure and Injury, California District Court Rules
A federal district court in California, in an asbestos coverage case involving excess insurance policies, has ruled that "only injury or damage within the policy period" triggered coverage and the "time of the event or exposure leading to the injury" was "irrelevant."  Read More

Commercial General Liability
Asbestos: "Pro Rata" Approach Should Be Used to Allocate Insurers': Indemnification Obligations, Southern District of New York Says
The U.S. District Court for the Southern District of New York has ruled in an asbestos coverage case that liability should be allocated among multiple insurance carriers under the "pro rata" approach and not the "all sums" approach.  Read More

Commercial General Liability
11th Circuit: Non-Alcohol-Related Claims Were Not Barred by "Total Liquor Liability" Exclusion and, as a Result, Insurer Had to Defend Whole Lawsuit
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a decision by the U.S. District Court for the Southern District of Florida that an insurance company was obligated to defend the complete lawsuit against its insured where only some of the underlying plaintiff's claims were precluded by the "Total Liquor Liability" exclusion in the commercial general liability insurance policy that had been issued to the insured.  Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Life Insurance

Insurance Sector Contributing More Risk to Financial System Since Crisis, IMF Reports
Life insurers in major advanced economies have contributed more risk to the financial system as a whole since the global financial crisis, according to new research by the International Monetary Fund.  Read More

Flood
U.K. Regulators Approve Flood Re's Launch
Flood Re has launched in the United Kingdom and is ready to accept policies from insurers.  Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
PIAA to Recognize Jim McGuire with Award of Excellence for Lifetime Achievement   Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Montana"   
Read More

Texas Had Record Number of Tornadoes in 2015, According to Insurance Council of Texas   
Read More

Booming Cyber Insurance Market Must Overcome Hurdles, Bipartisan Policy Center Report Finds   
Read More

Ironshore Environmental Expands Spills Coverage for Residential and Commercial Real Estate Properties   
Read More

View All Industry News
 
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Q&A
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 LAW REPORT
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@alm.com
60px_newSpears 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
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