Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, July 2, 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 Policy’s Exclusions Did Not Apply Where LLC Member Acted in His Individual Capacity, and Not in Insured LLC’s Capacity, South Dakota Supreme Rules The South Dakota Supreme Court, affirming a trial court’s decision, has ruled that neither a “property you own, rent, or occupy” exclusion nor a “care, custody, or control” exclusion in a commercial general liability insurance policy excluded coverage for a claim by a member of a limited liability company for damage the member caused with the limited liability company’s property to property the member owned individually. Read More Automobile Insurance California Appeals Court Upholds Bad Faith Complaint in Uninsured Motorist Context Despite Insurer’s Right to Demand Arbitration An appellate court in California, reversing a trial court’s decision, has ruled that an insured’s bad faith complaint against its automobile insurance carrier, alleging that the insurer had not adequately investigated and evaluated his uninsured motorist benefits claim and had failed to attempt to negotiate a settlement despite clear evidence of liability, should not have been dismissed even though the insurer had a right to, and had, demanded arbitration of the insured’s claim. Read More Flood Superstorm Sandy: Finding that “Storm Surge” is a Type of “Flood,” Court Rules for Insurer A federal district court in New York, ruling in a Superstorm Sandy case, has decided that a “storm surge” was a type of “flood” and, therefore, not a covered separate peril. Read More Homeowners Insurance Failure of Insured to Disclose Claim to His Bankruptcy Trustee Did Not Bar His Action Against His Insurer Where His Debts Had Never Been Discharged A federal district court in Alabama has ruled that judicial estoppel did not bar an insured’s claim against an insurance company even though the insured had not disclosed the claim in his bankruptcy case, where his bankruptcy case had been dismissed before the insured’s debts could be discharged. Read More View All Case Law Developments  LEGISLATIVE/REGULATORY Automobile Insurance Delaware Becomes 37th State to Allow Electronic Proof of Auto Insurance Delaware is now accepting proof of auto insurance in physical or electronic format. Read More Insurance Fraud Nation’s Largest Nursing Home Pharmacy Company to Pay $124 Million to Settle Allegations Involving False Billings to Federal Health Care Programs Omnicare Inc., the nation’s largest provider of pharmaceuticals and pharmacy services to nursing homes, has agreed to pay $124.24 million for allegedly offering improper financial incentives to skilled nursing facilities in return for their continued selection of Omnicare to supply drugs to elderly Medicare and Medicaid beneficiaries. Read More View All Legislative/Regulatory Developments  INDUSTRY NEWS Philadelphia Insurance Launches Commercial Excess Flood Coverage Read More U.S. Life Insurers Facing Earnings Pressure from Low Yields, According to Fitch Ratings Read More MetLife Introduces Bundled Auto and Home Insurance Policies Read More Mike Mascolo, Peter Moore, and Robert Volkel Named Regional Leaders of Wells Fargo’s Employee Benefits Practice Read More Insurance Europe Finds Compulsory Environmental Liability Insurance Would Not Benefit Insureds Read More View All Industry News Form Analysis Florists 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 [email protected] Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal [email protected] 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 [email protected]. FC&S Legal: The Insurance Coverage Law Information Center  LinkedIn To ensure future delivery of email, please add [email protected] 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