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TODAY'S TOP DEVELOPMENTS Monday, May 9, 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

Homeowners Insurance
Policy's One-Year Limitations Period Barred Homeowner's Superstorm Sandy Claims, N.J. District Court Decides
A federal district court in New Jersey has ruled that a one-year limitations period in a homeowners' insurance policy – not the statutory six-year statute of limitations for contract actions – barred a lawsuit brought by the insured for damages caused by Superstorm Sandy. Read More

Exclusions
"Crime" Exclusion Precluded Coverage for Damage Caused by Car Fleeing the Police, Louisiana Appeals Court Rules
An appellate court in Louisiana, reversing a trial court's decision, has ruled that the crime exclusion in an automobile insurance policy precluded coverage for damage caused by a car fleeing the police.  Read More

Subrogation
Insured Was Not an Indispensable Party in Insurer's Subrogation Action, California District Court Finds
A federal district court in California has denied a motion to dismiss in a case brought by an insurance company against the neighbor of its insured, finding that the insured was not an indispensable party to the insurer's subrogation action. Read More

Homeowners Insurance
Where Insurer Cites Arson for Denying Claim, Can Insured Point to Neighborhood Fires? Court Says No.
A federal district court in Michigan has ruled that an insured could not refer to the existence of fires or arson in his neighborhood in litigation over his breach of contract action against his insurer, where the insurer had denied his claim based on a concern that he had intentionally set fire to his own home. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

P&C Insurers Warned About Price Optimization in Virginia
The Virginia Insurance Bureau has issued an administrative letter "to remind" insurers that they may not use price optimization when setting rates. Read More

In the States
Non-Admitted Insurance Multi-State Association Is Dissolving
The Non-Admitted Insurance Multi-State Association Inc., established in 2011 and governed by an agreement that provides a mechanism to report, collect, allocate, and distribute surplus lines tax revenues consistent with the Non-Admitted and Reinsurance Reform Act of 2010, is dissolving. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
QBE North America Appoints Russell Johnston as CEO for North America Operations Read More

Baker Donelson Lawyer W. Scott Welch III to Receive ABA Edmund S. Muskie Pro Bono Service Award  
Read More

Ironshore Offers Product Contamination Recall Coverage  
Read More

Workplaces Have Highest Number of Unintentional Deaths Since 2008, National Safety Council Reports  
Read More

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

View All Industry News
 
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Discussion
Carbon Monoxide Poisoning Not Covered under Texas Law

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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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