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TODAY'S TOP DEVELOPMENTS Tuesday, April 26, 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

Endorsements
N.Y. Appeals Court Finds No Coverage for Needed Structural Repairs under "Ordinance or Law" Endorsement
An appellate court in New York, affirming a trial court's decision, has ruled that an "Ordinance or Law" endorsement did not cover structural repairs or modifications needed to bring an insured building into compliance with applicable building codes where the need for the repairs or modifications had been fortuitously discovered in the course of performing remediation of covered property damage. Read More

Automobile Insurance
No Coverage Where Electronic Funds Transfer for Initial Policy Premium Had Been Declined, Georgia District Court Decides
The U.S. District Court for the Northern District of Georgia has ruled that there was no coverage under an automobile insurance policy for an auto accident where the electronic funds transfer intended to make the initial policy premium had been declined. Read More

Commercial General Liability
Shooting by Employee Was Not Covered by Employer's Insurer Where It Was Not Within Scope of Shooter's Employment, Fourth Circuit Holds
The U.S. Court of Appeals for the Fourth Circuit, affirming a decision by the U.S. District Court for the District of South Carolina, has ruled that an insurance company was not obligated to defend an employee of its insured who was sued for an accidental shooting where the discharge of the firearm was not within the employee's scope of his employment. Read More

Automobile Insurance
Appeals Court Reverses Damages Award Where P.A. — Not M.D. — Testified as to Need for Insured's Future Surgery
An appellate court in Florida has reversed a $166,000 damages award entered against State Farm Mutual Automobile Insurance Company after finding that the trial court had erred when it allowed a physician's assistant to testify as an expert on the need and cost for a future surgery for the insured. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

NY Department of Financial Services Appoints Attorneys as Executive Deputy Superintendent, and Deputy Superintendent, for Insurance
Scott Fischer has been appointed executive deputy superintendent for insurance at the New York State Department of Financial Services, and Laura E. Evangelista has been appointed deputy superintendent for insurance. Read More

Insurance Fraud
Florida Man Charged with Insurance Fraud Violations
Samuel Mangel, of Boca Raton, Florida, has been charged with participating in an insurance fraud scheme. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Mellissa Carbone-Moser Joins Great American Insurance Group's Aviation Division as Divisional Vice President   Read More

Ironshore Appoints David Callaghan President of Marine Re  
Read More

Allied World Launches Product Recall Insurance Products in North America  
Read More

F. Michael Csorba Joins Great American Insurance Group as Divisional President 
Read More

Universal Insurance Holdings to Launch Direct-to-Consumer Online Platform for Homeowners Insurance  
Read More

View All Industry News
 
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Discussion
Bad Faith Accrual

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 INSURANCE COVERAGE
 LAW REPORT
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View Entire Spring Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
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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