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| TODAY'S TOP DEVELOPMENTS |
Friday, June 12, 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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Homeowners Insurance
Ninth Circuit: Arizona Law Favors "Broader Interpretation of Direct Causation" in Case Where Fire Led to Flooding and Mudslides that Destroyed Insureds' Home
The U.S. Court of Appeals for the Ninth Circuit has reversed a decision by the U.S. District Court for the District of Arizona that concluded that damage to an insured home caused by mudslides a month after a fire could not, as a matter of law, be "directly" caused by fire as required under Arizona law. The circuit court declared that Arizona law favored a "broader interpretation of direct causation." Read More
Crime and Employee Dishonesty
Fidelity Bond Covered Bank's Loss from Advance Money Scam, Eighth Circuit Rules
The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the District of Minnesota, has ruled that a fidelity bond covered a settlement that a bank reached with two individuals a bank employee induced to invest in an advance money scam. Read More
Surety
New Jersey Does Not Recognize Cause of Action for Bad Faith Breach of Surety Bond, District Court Rules
A federal district court in New Jersey has ruled that no cause of action for bad faith breach of a surety bond existed in New Jersey, rejecting a 15 year old federal district court decision to the contrary. Read More
Exclusions
Exclusions Barred Coverage for Pledgee's Hazing Suit against College Fraternity
A federal district court in Arkansas has ruled that a commercial lines policy did not provide coverage for a lawsuit by a pledgee against a college fraternity and various of its members alleging that he had been caned, paddled, and hit as part of an initiation. Read More |
View All Case Law Developments |
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Flood
New Florida Law Allows Insurers to Offer "Flexible Flood Insurance Coverage"
A new Florida law authorizes insurance carriers to offer "flexible flood insurance coverage" for the peril of flood that may include water intrusion coverage and that is different from standard or preferred coverage. Read More
Federal Actions
Mortgage Lender Illegally Referred Consumers to Mortgage Insurers in Exchange for Kickbacks, Consumer Financial Protection Bureau Finds
The director of the federal Consumer Financial Protection Bureau ("CFPB"), Richard Cordray, has issued a decision in the first appeal of a CFPB administrative enforcement proceeding and has concluded that PHH Corp., a mortgage lender, illegally referred consumers to mortgage insurers in exchange for kickbacks. Read More |
View All Legislative/Regulatory Developments |
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| Dickie, McCamey & Chilcote Hires Insurance Attorneys Beverly M. Barr, Dorothy T. Daly, and Eric D. Walstrom Read More |
Affordability Drives Buying Patterns for Long Term Care Insurance, Association Confirms Read More |
Small Employers Recognize Need for Long-Term Disability Insurance, but Many Are Not Sure of Its Cost, Its Benefits, and Employees' Views, Survey Finds Read More |
Michael Tipsord to Become CEO of State Farm in September; Edward B. Rust Jr. to Step Down Read More |
Allstate to Offer New Ridesharing Endorsement for Drivers Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire May / June Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com |
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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@nuco.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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