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TODAY'S TOP DEVELOPMENTS Tuesday, June 17, 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 Commercial General Liability California Supreme Court Narrows Meaning of “Disparagement” and Limits Insurer’s Duty to Defend under Policy’s “Personal and Advertising Injury” Provisions The California Supreme Court has held that a claim of disparagement requires a plaintiff to show a false or misleading statement that (1) specifically refers to the plaintiff’s product or business and (2) clearly derogates that product or business. Both requirements, the court added, must be satisfied by express mention or by clear implication. Read More Commercial General Liability Texas Supreme Court Asked to Determine if PRP Letters Amount to a “Suit” The U.S. Court of Appeals for the Fifth Circuit has asked the Texas Supreme Court to determine whether “potentially responsible party” letters and/or a unilateral administrative order issued by the U.S. Environmental Protection Agency pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act constituted a “suit” within the meaning of commercial general liability insurance policies, triggering the duty to defend. Read More Professional Liability Insurance Law Firm Is Entitled to Coverage of Claims Its Advertising Violated the Lanham Act, Court Rules A federal district court in Missouri has ruled that claims that a law firm violated the Lanham Act in its advertising were excluded from the firm’s professional liability insurance policy because the advertising did not arise out of the rendering or failure to render professional legal services. The court, however, then found that there was coverage of the underlying claims against the law firm because, otherwise, the policy coverage was illusory. Read More Life Insurance Fifth Circuit Upholds Plan Administrator’s Decision Denying AD & D Benefits Where Insured Died While Operating a Boat While Intoxicated The U.S. Court of Appeals for the Fifth Circuit, affirming a district court’s decision, has upheld a plan administrator’s decision denying recovery under two accidental death and dismemberment policies where the insured, operating a boat while intoxicated, crashed and died. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Automobile Insurance British Regulator Seeks Review of How Insurers Inform Consumers about Auto Insurance-Related Add-On Products The British Competition and Markets Authority, which is the country’s primary competition and consumer authority, has proposed changes to the private automobile insurance market in an effort to “increase competition and reduce the cost of premiums for motorists.” Read More Homeowners Insurance Florida Governor Signs Law Creating Homeowner Claims Bill of Rights A new Florida law, SB 708 requires that an insurer issuing a personal lines residential property insurance policy in Florida must provide a Homeowner Claims Bill of Rights to a policyholder within 14 days after receiving an initial communication with respect to a claim, unless the claim follows an event that is the subject of a declaration of a state of emergency by the governor. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS AXA ART Americas Elects Dorit Straus to Its Board Read More FC&S Legal Publishes Nelson Levine De Luca & Hamilton’s Bad Faith Compendium: West Virginia Read More Travelers Promotes Alan Schnitzer and Doreen Spadorcia; Bill Cunningham Leaves the Company Read More 1347 Property Insurance Holdings Completes Public Offering Read More XL Group to Transfer Senior Underwriter Paul Le Boutillier to Its Fine Art and Specie Team in Singapore Read More View All Industry News   Discussion Interest Feature of Property Policies Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire June 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, 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    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