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TODAY'S TOP DEVELOPMENTS Friday, June 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

Attorney's Fees
Anatomy of a Fee Award
How do courts determine the amount of attorney's fees to be awarded to a prevailing insured in a coverage case against an insurance carrier? A decision by a federal district court in South Carolina highlights the analysis federal courts (at least in the Fourth Circuit Court of Appeals) undertake in these circumstances. Read More

Trial Strategy

How to Defeat Diversity in an Excess Carrier's DJ Action
Suppose an excess insurance carrier files a declaratory judgment action in federal court but that the policyholder wants to have the dispute resolved in state court. What can the insured do? As a recent decision by a federal district court in California suggests, if the excess insurer did not name the primary insurer, or other excess carriers, the insured may be able to move to dismiss for failure to join one or more necessary parties. Read More

Commercial General Liability
Absolute Pollution and Indoor Air Quality Exclusions Found Ambiguous by Nevada Supreme Court
The Supreme Court of Nevada, in response to questions certified by the U.S. Court of Appeals for the Ninth Circuit, has ruled that the absolute pollution exclusion and the indoor air quality exclusion in a motel's insurance policy were ambiguous and has decided that they did not exclude coverage of claims arising from carbon monoxide exposure. Read More

Workers Compensation
"Best Interest of Worker" May Not Be Considered by Agency Evaluating Structured Settlement Submitted by Worker Represented by Counsel
An appellate court in Washington has ruled that the Board of Industrial Insurance Appeals may not consider the "best interest of the worker" when evaluating a claim resolution structured settlement agreement submitted by a worker who was represented by an attorney. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

Superstorm Sandy: Narragansett Bay Insurance to Pay $327,400 to Settle State Charges It Failed to Perform Timely Inspections on Sandy Claims
Narragansett Bay Insurance Company will pay a $327,400 penalty to New York regulators to settle charges it failed to perform timely inspections of Superstorm Sandy damage claims as required by New York Insurance Law and regulations. Read More

Automobile Insurance

Christie Administration Issues Alert on Car-Sharing Services
New Jersey Department of Banking and Insurance Commissioner Ken Kobylowski has issued an alert to consumers with respect to what he characterized as the "potential loss of insurance coverage" in connection with popular business activities known as car-sharing or transportation network companies provided by online firms such as Lyft, SideCar, and UberX. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Chambers USA Announces Awards for Insurance Law Firm Excellence; the Winners Are Read More

FC&S Legal Publishes Nelson Levine De Luca & Hamilton's Bad Faith Compendium: Utah 
Read More

NHTSA Study Shows Motor Vehicle Crashes Have $871 Billion Economic and Societal Impact on U.S. Citizens 
Read More

Value of Fraudulent Insurance Claims Hits Record Level, According to Association of British Insurers 
Read More

Autobrake Helps Cars Earn Top Ratings for Front Crash Prevention Read More

View All Industry News
 
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Discussion
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Browse our entire library of over 2,500 insurance resources and forms.
 
 INSURANCE COVERAGE
 LAW REPORT
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View Entire June Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@SummitProNets.com
60px_newSpears 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, Rivkin Radler 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
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