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TODAY'S TOP DEVELOPMENTS Wednesday, June 25, 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 Flood Superstorm Sandy Flood Insurance Proceeds Found Payable to Landlord Rather than Restaurant that Had Entered Bankruptcy, Based on Parties' Lease A bankruptcy court in New Jersey has ruled that a flood insurance payment for contents of a restaurant damaged by Superstorm Sandy was payable to the landlord rather than to the restaurant, which had entered bankruptcy, because, under the parties' lease, the landlord had an insurable interest in the proceeds. Read More Commercial General Liability Parallel Actions? Federal Court Finds that Colorado River Abstention in DJ Action Was Not Warranted A direct action in a federal district court in Louisiana against a number of insurance carriers was not "parallel" to a state court liability action filed by the same plaintiff against their alleged insured, but to which the insurers were not parties, the federal court has ruled. Accordingly, it determined that abstention was "unwarranted." Read More Homeowners Insurance Appeals Court Finds Home Was "Unoccupied," Even if It May Not Have Been "Vacant," Dooming Foreclosing Bank's Coverage Claim An appellate court in Massachusetts, affirming a trial court's decision, has ruled that a home had been "unoccupied" at the time of a loss and that, as a result, there was no coverage for the resulting claim. Read More Eye on the Experts Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Damages in Bad Faith Case A recent Court of Appeals of Washington State decision affirmed a jury verdict awarding $13 million in damages to a passenger injured in a car accident, finding that the $4.15 million agreed amount of the covenant judgment in the insurance bad faith case sets a floor, not a ceiling, on the damages a jury can award. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY In the States New Law Prohibits Florida Insurers from Discriminating against Gun Owners A new Florida law prohibits personal lines property or automobile insurance carriers from discriminating on the basis of gun ownership. Read More Automobile Insurance Nevada's Insurance Department Warns that Insurance Issues Surround Ride-Sharing Companies With ride-sharing technology services gaining popularity across the country, the Nevada Division of Insurance has issued a statement to inform Nevada consumers that such for-profit ride-sharing arrangements "can put them at risk of being uninsured" because, when consumers use their own private passenger automobiles to transport individuals for a fee, "they risk driving without proper insurance." Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Bob Deutsch to Join Hamilton Insurance as Chief Strategy Officer Read More Liberty Mutual Adds Data Compromise Coverage to its Insurance Agents Errors and Omissions Program Read More Poor Road Conditions Cost Consumers and the Insurance Industry $27 Billion, Survey Shows Read More New Kaiser Survey of People with Non-Group Insurance Finds Nearly Six in Ten People Enrolled in Marketplace Plans Were Previously Uninsured Read More XL Group Creates Cyber and Technology Risk Business Unit, Led by John Coletti Read More View All Industry News   Discussion Increased SEC Enforcement Activities Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire July 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