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TODAY'S TOP DEVELOPMENTS Monday, June 30, 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 Homeowners Insurance Maryland’s Highest Court Decides that “Business Pursuits” Exclusion Requires Continuity and Profit Motive The Court of Appeals of Maryland, the state’s highest court, has ruled that, to determine if a third party complaint triggered the “business pursuits” exclusion in a homeowner’s liability insurance policy, an insurer must consider the continuity of the insured’s alleged business interests and the insured’s profit motive. Read More Workers Compensation Texas Supreme: Workers’ Comp Carrier’s Right to Recover Third-Party Settlements Must be Determined on “Collective-Recovery Basis” The Texas Supreme Court, in response to questions certified to it by the U.S. Court of Appeals for the Fifth Circuit, has held that, when multiple beneficiaries recovered compensation benefits through the same covered employee, the workers’ compensation insurance carrier’s rights to a third-party settlement must be determined by treating it as a single, collective recovery rather than as separate recoveries by each beneficiary. Read More Homeowners Insurance 10th Circuit: Leaking Pipe Causing Soil Erosion under Home Was Excluded from Coverage by Policy’s “Earth Movement” Exclusion The U.S. Court of Appeals for the Tenth Circuit, affirming a district court’s decision, has ruled that a homeowner’s claim that water leaking from a pipe had eroded soil under her home was excluded from coverage by the earth movement exclusion in her homeowners’ insurance policy. Read More Commercial General Liability Water Exclusion Bars Coverage for Damage from Ice that Heaved Up through Concrete Floor, at Least Where the Ice Originated from Water Seeping from the Building An appellate court in Nebraska, affirming a trial court’s decision, has ruled that an insurance carrier was not obligated to cover damage to its insured’s warehouse after water seeped through a cracked drain pan, froze underneath the floor, and expanded, causing damage to the concrete floor. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Environmental Liability Prince Charles Urges U.S. Insurers to Join Climate Wise Initiative In a speech at the United Nations Summit on Disaster Resilience in the Private Sector, Britain’s Prince Charles urged U.S. insurance carriers to join the Climate Wise initiative, declaring that “it would be a jolly good thing if you actually thought of joining!” Read More In the States Oklahoma Insurance Commissioner John Doak Wins Reelection Oklahoma Insurance Commissioner John Doak overwhelmingly won a Republican primary election on Tuesday, with close to 80 percent of the vote. Because Democrats have no candidate nominated for the position in the upcoming November election, Commissioner Doak will be returned to office for a four year term as chief of the government agency regulating the state’s $18 billion insurance industry. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Insurance Coverage Attorney J. Robert MacAneney Becomes a Partner at Kaufman Dolowich & Voluck Read More LexisNexis Risk Solutions Acquires Wunelli Read More Ironshore Increases Ownership Stake in Lexon Surety Group Read More California Takes 9 of 10 Top Hot Spots for Vehicle Thefts Read More United Insurance Holdings Expected to Join Russell 3000, Russell 2000, and Russell Global Indexes Read More View All Industry News   Q&A When An Insured’s Artwork Gets Damaged 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. 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