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| TODAY'S TOP DEVELOPMENTS |
Monday, May 4, 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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Commercial Auto
Illinois Appeals Court Rules that Policy Was Ambiguous as to Whether (Hit-and-Run) Required Actual "Hitting"
An Illinois appellate court has ruled that a commercial auto insurance policy was ambiguous as to whether coverage extended to hit-and-run automobile accidents that involved no physical contact between the insured vehicle and a hit-and-run vehicle or another object. Read More
Professional Liability Insurance
"Known Risk" Exclusion Barred Coverage of Legal Malpractice Action, D.C. Circuit Court of Appeals Holds
The U.S. Court of Appeals for the District of Columbia Circuit, affirming a district court's decision, has ruled that the "known risk" exclusion in a professional liability insurance policy precluded coverage of a legal malpractice action against a law firm that had not disclosed the dismissal of an action it had brought on behalf of a paralyzed woman when it had applied for its policy. Read More
Subrogation
Pennsylvania Supreme: Neither Employer Nor Workers Comp Insurer May Bring Subrogation Claim against Tortfeasor Without Employee Action
The Pennsylvania Supreme Court, affirming an intermediate appellate court's decision, has ruled that Pennsylvania law did not confer on an employer or its workers compensation insurer a right to pursue a subrogation claim directly against a third-party tortfeasor when the compensated employee who was injured had taken no action against the tortfeasor. Read More
Commercial Property
Texas Supreme: Anti-Concurrent-Causation Clause Barred Coverage for Claim Stemming from Wind and Flood Damage During Hurricane Ike
The Texas Supreme Court, affirming an appellate court's decision, has ruled that an anti-concurrent-causation clause barred coverage of losses the insured incurred as a result of city ordinances triggered by damage to an apartment complex during Hurricane Ike where the property damage that triggered the ordinances resulted from both wind, which the policy covered, and flooding, which the policy expressly excluded. Read More |
View All Case Law Developments |
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Title Insurance
New York Proposes "Anti-Inducement" Regulations for Title Insurance Industry
New York regulators are proposing new regulations that, they said, were intended to "crack down on kickbacks and other improper expenditures (such as excessive meal and entertainment expenses) in the title insurance industry." Read More
Federal Actions
Massachusetts Senator Elizabeth Warren Opens Investigation of "Rewards and Incentives" Offered to Annuities Dealers Advising Retirees
In letters sent to 15 of the country's largest annuity providers, U.S. Senator Elizabeth Warren (D-Mass.) raised concerns about the rewards and incentives these companies offer to brokers and dealers who sell annuities to families and small investors. Read More
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View All Legislative/Regulatory Developments |
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| Ironshore, Lloyd's, and Markel Form XXV Consortium, Focusing on Lead Umbrella Liability Cover Read More |
"Cyber WHO" Needed to Strengthen World's Cyber Governance Framework, Zurich Report Says Read More |
Generali Global Corporate & Commercial Expands to Serve the North American Market Read More |
Hamilton USA's Barbara Bufkin and Deborah Aldredge of Farmers Insurance Share IICF Award Read More |
Endurance Gains HSR Clearance and BMA No-Objection for Montpelier Acquisition Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire March / April Insurance Coverage Law Report |
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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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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 |
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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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