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TODAY'S TOP DEVELOPMENTS Friday, April 15, 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 Malicious Prosecution Claim Triggered Coverage When Insured Set State’s Legal Machinery in Motion, Georgia Appeals Court Says in Case of First Impression In a case of first impression, an appellate court in Georgia has ruled that, when a policy did not specify, insurance coverage was triggered on a potential claim for malicious prosecution “when the insured sets in motion the legal machinery of the state.”  Read More Homeowners Insurance After Pet Dog is Attacked, Wisconsin Appeals Court Limits Damages Payable to Its Owners An appellate court in Wisconsin, affirming a trial court’s decision, has agreed with insurance carriers that damages payable to the owners of a dog that was attacked and badly injured by a larger dog were limited to the cost of a replacement dog of the same breed, doubled, notwithstanding the amount of veterinary costs and other expenses incurred in “repairing” the injured dog.  Read More Insurer Insolvency MetLife’s SIFI Win: The Court’s Decision, and the Government’s Response The U.S. District Court for the District of Columbia has unsealed its opinion rescinding the final determination of the Financial Stability Oversight Council (“FSOC”) that “material financial distress” at MetLife, Inc., could “pose a threat to the financial stability of the United States” as provided in the Dodd-Frank Act, 12 U.S.C. § 5323(a)(1). Here is what the court had to say – including its rejection of MetLife’s argument that it was ineligible for designation.  Read More Case Study How a Settled Coverage Dispute Still Led to Litigation Between the Insurer and the Insured Negotiated settlements between insurers and insureds sound like a good way to limit litigation. But as a recent decision by the U.S. District Court for the Eastern District of California illustrates, ambiguities in a settlement agreement can mean that litigation continues – over the settlement agreement, if not the underlying coverage dispute.  Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Employee Benefits PBGC Report: Multiemployer Program Will Require “Significant Additional Premiums” The Pension Benefit Guaranty Corporation has issued its study of revenues needed for it to continue to protect participants in multiemployer plans that are likely to run out of money.  Read More Insurance Fraud After 20 Years on the Run, Insurance Fraudster Is Captured Fugitive Robert Allen Lopez is in U.S. custody after almost 20 years on the run.  Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Centene Completes $6 Billion Acquisition of Health Net   Read More Insurance Litigator/Arbitrator JoAnn Dalrymple Joins Sedgwick   Read More NICB Reports Slight Increase in Water Damage Claims   Read More FC&S Legal Publishes “Recoupment of Defense Costs: An Ohio Court Weighs in on the Debate”   Read More FC&S Legal Publishes “Business Interruption Insurance for Hospitality Companies”   Read More View All Industry News   Q&A Claim Made Years after Death of Insured Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Spring 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