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TODAY'S TOP DEVELOPMENTS Tuesday, May 6, 2014   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 Homeowners Insurance Court Denies Insurer’s Motion to Dismiss Bad Faith and Unfair Practices Claims Where Insureds Alleged “Industry-Wide Practice,” Citing ISO, of Denying “Concrete Decay” Claims A federal district court in Connecticut has denied an insurance company’s motion to dismiss bad faith and unfair practices claims in a “concrete decay” case, finding that allegations that the insurance carrier had followed an “an industry-wide practice” – citing its participation in the Insurance Services Office, Inc. – in denying their claim were sufficient to permit the homeowners’ lawsuit to go forward. Read More Commercial Property 1 Vacant Building in 11-Building Business Park Did Not Trigger Vacancy Exclusion, Texas Appeals Court Rules An appellate court in Texas has affirmed a trial court’s decision in favor of the owner of an 11-building business park, ruling that the “vacancy” exclusion in the commercial property insurance policy issued to the owner of the business park did not clearly exclude coverage for vandalism to one vacant building among the group of buildings there. Read More Commercial Auto Independent Contractor Allegedly Injured While a Passenger in a Truck Was an Employee for Purposes of Truck Owner’s Insurance Policy, Tennessee Appeals Court Holds A Tennessee appeals court, affirming a trial court’s conclusion, has ruled that a commercial truck driver who alleged that she was injured while sitting in the passenger seat with another person driving the truck qualified as an employee and, therefore, was excluded from benefits under the trucking company’s liability insurance policy – even if under applicable Tennessee law she actually was an independent contractor. Read More Automobile Insurance Policy Expired Even Though Expiration Notices Mailed to Insured Did Not Include His Apartment Number, Appeals Court Rules An appellate court in Florida, affirming a trial court’s decision, has ruled that expiration notices mailed by an insurance company to an insured were sufficient to allow his auto policy to expire even though they did not include the insured’s apartment number, where the notices were mailed to the insured’s address as listed in the policy. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Health Insurance Empire BlueCross BlueShield Settles with New York Over Out-of-Network Coverage for Post-Mastectomy Breast Reconstruction Surgery New York regulators have reached an agreement with Empire BlueCross BlueShield that provides that Empire will approve out-of-network exceptions for breast reconstruction surgery in certain circumstances. Read More Automobile Insurance Massachusetts Fines GEICO for Inconsistencies in Accident Reporting Massachusetts Commissioner of Insurance Joseph G. Murphy has reached an agreement with Government Employees Insurance Company and GEICO General Insurance Company resolving what the Division of Insurance said were inconsistencies in the insurers’ reporting of accident information to state agencies and policyholders. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS FC&S Legal Publishes Nelson Levine De Luca & Hamilton’s Bad Faith Compendium: Pennsylvania Read More Keith Bernhard Appointed Head of Internal Audit at Hamilton Insurance Group Read More Accordia Life Launches New Life Insurance Business Read More Colonial Life Unveils New Cancer Insurance Plan Read More XL Group’s North America Primary Casualty Business Announces New Name: Global Risk Management Read More View All Industry News   Discussion Longshore and Harbor Workers Compensation Act and the Jones Act Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire May Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@SummitProNets.com 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, Tressler 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    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%%. ©2014 Summit Professional Networks, All rights reserved. Privacy Policy 5081 Olympic Blvd Erlanger, KY 41018 1-800-543-0874