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| TODAY'S TOP DEVELOPMENTS |
Monday, June 29, 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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Commercial General Liability
Montana Supreme Court Adopts Notice-Prejudice Rule
The Supreme Court of Montana, in response to a question certified to it by the U.S. Court of Appeals for the Ninth Circuit, has ruled that an insurer that did not receive timely notice according to the terms of an insurance policy must demonstrate prejudice from the lack of notice to avoid defense and indemnification of the insured. Read More
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
Commercial General Liability
Ohio Appeals Court Agrees that 25-Year-Old Arbitration Agreement Did Not Govern New Asbestos Claims Against Insured
An Ohio appeals court, affirming a trial court's decision, has ruled that asbestos claims against Eaton Corporation were not within the ambit of an arbitration provision in a 1990 agreement Eaton had reached with a number of insurance carriers. Read More
Workers Compensation
Massachusetts Top Court Asked to Decide If Equitable Sharing Applies in Selective Tender Case
The U.S. Court of Appeals for the First Circuit has certified the following question to the Massachusetts Supreme Judicial Court: Where two workers' compensation insurance policies provide coverage for the same loss, may an insured elect which of its insurers is to defend and indemnify the claim by intentionally tendering its defense to that insurer and not the other and thereby foreclose the insurer to which tender is made from obtaining contribution from the insurer to which no tender is made? 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
Flood
Over 4,500 Owed Class Action Settlement Proceeds From Louisiana Citizens Insurance Lawsuit
The Unclaimed Property division of the Louisiana Department of the Treasury is holding money for more than 4,500 people who participated in a class action lawsuit against the Louisiana Citizens Property Insurance Corporation but never claimed their settlement portion, according to State Treasurer John Kennedy. Read More |
View All Legislative/Regulatory Developments |
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| W. R. Berkley Names New EVPs Read More |
Allstate to Offer New Ridesharing Endorsement for Drivers Read More |
Aspen Insurance Appoints Bob Rheel and Cliff Hope to Two Senior Positions Read More |
FC&S Legal Publishes "Guiding Insurance Professionals on the New NAIC Guidance" Read More |
Ironshore International Enhances Kidnap and Ransom Coverage for Latin American Clients 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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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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