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| TODAY'S TOP DEVELOPMENTS |
Wednesday, June 24, 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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Automobile Insurance
Insured Who Had Not Suffered Bodily Injury Could Not Recover UIM Benefits, Minnesota Appeals Court Decides in Case of First Impression
In a case of first impression in the state, an appellate court in Minnesota has ruled that an automobile insurance policy that limited underinsured motorist coverage to bodily injury sustained by an insured complied with the Minnesota No-Fault Automobile Insurance Act, and that an auto policy did not have to provide UIM benefits to an insured who had not suffered bodily injury. Read More
Automobile Insurance
Court Rejects Insured's Definitions of "Payment" and Finds Action Against Her Auto Insurer to Be Time Barred
A federal district court in Colorado has rejected an insured's definitions of the word "payment" and ruled that, as a result, her action for underinsured motorist ("UIM") benefits had to be dismissed on statute of limitations grounds. Read More
Exclusions
No Coverage of Claim for Injury Allegedly Caused by Exposure to Mold, Mildew, and Fungi Even if Injury Had Been Caused by "Other Microorganisms and/or Toxic Airborne Pathogens"
The U.S. District Court for the Northern District of Illinois has ruled that an exclusion in an insurance policy for losses attributable to "fungi" and "bacteria" barred coverage of a claim that apartment residents had been injured by "constant exposure" to "mold, mildew, fungi and other microorganisms and/or toxic airborne pathogens." Read More
Exclusions
"Insured Versus Insured" Exclusion Bars Coverage for Suit Brought By Insured Chapter 11 Debtor against Its Insured Ex-Executive
The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the District of Delaware, has ruled that the "insured versus insured" exclusion in a management protection insurance policy barred coverage of a lawsuit brought by an insured corporation — a Chapter 11 debtor — against a former employee, even where the suit had been taken over by a Chapter 11 trustee. Read More |
View All Case Law Developments |
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Flood
Five Federal Agencies Issue Flood Insurance Rule
Five federal regulatory agencies have approved a joint final rule that modifies regulations that apply to loans secured by properties located in special flood hazard areas. Read More
Insurance Fraud
QBE Insurance Executive and Consultant Charged in Alleged $2.6 Million Embezzlement Fraud
A former vice president with international insurance carrier QBE Insurance Group Ltd. and a consultant have been charged with embezzling $2.6 million from the insurer. Read More |
View All Legislative/Regulatory Developments |
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| David L. Elkind Joins Lowenstein Sandler's Insurance Recovery Group in Washington, D.C. Read More |
GEICO Now Offering Complete Ridesharing Coverage in Texas Read More |
Amlin Appoints James Few, former Aspen RE CEO, as Global Managing Director of Reinsurance Read More |
Reinsurance Association of America Releases Reinsurance Underwriting Review Read More |
Insurance Coverage Litigator Noah Nadler Joins Wick Phillips 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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