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| TODAY'S TOP DEVELOPMENTS |
Wednesday, July 20, 2016 |
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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
Another Florida Appeals Court Enters the Fray Over Policy's "Fee Schedule" Language
The Third District Court of Appeal in Florida has issued a decision on the enforceability of certain "fee schedule" language in an automobile insurance policy that agreed with decisions by the First and Second District Courts of Appeals but that conflicted with a decision by the Fourth District Court of Appeal. The Florida Supreme Court has agreed to resolve the conflict. Read More
Crime
Computer System Exclusion Precludes Coverage for Loss Stemming from Hacker's "Spoofed" Emails
A federal district court in Washington has ruled that a computer system exclusion in a crime policy precluded coverage for a loss that allegedly occurred when a hacker sent fraudulent emails using "spoofed" emails domains, which led an employee of the insured to enter incorrect data into the insured's computer system. Read More
Commercial Lines
Pennsylvania District Court Dismisses Insurer's Civil Conspiracy Claim Against Two Coverage Lawyers
The U.S. District Court for the Eastern District of Pennsylvania has dismissed an insurance company's civil conspiracy claim against two coverage lawyers, finding that evidence that the lawyers, two adjusters, and two contractors "enjoyed close business relationships and worked together frequently" was not evidence that they had agreed to pursue fraudulent claims. Read More
Subrogation
Wisconsin Supreme: Insured Who Received Full Personal Injury and Property Damage Benefits, But Had Not Been Made Whole, May Not Recover Funds Insurer Obtained in Subrogation
The Wisconsin Supreme Court, reversing an appeals court decision, has ruled that an insured was not entitled to possession of funds his insurer had recovered in subrogation where the insurer had paid him all the personal injury and property damage benefits he was entitled to receive, even if those payments had not made the insured whole for his bodily injuries. Read More |
View All Case Law Developments |
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In the States
New York Bars Insurer Discrimination Against Pregnant and Postpartum Women
The New York State Department of Financial Services has issued guidance that, it said, is intended to ensure that insurance carriers do not unfairly discriminate against pregnant and postpartum women. Read More
In the States
Defendant Pleads Guilty to Stealing Pension Benefits Issued to Her Deceased Father
Renee Kanas, a resident of Tamarac, Florida, has pleaded guilty to Grand Larceny in the Third Degree, a Class D felony, for stealing over $148,000 in pension payments from the New York State and Local Employees Retirement System paid to her father, Jacob Yudenfreund, a New York State pensioner who died in March 2010. Read More |
View All Legislative/Regulatory Developments |
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| Most Small SUV Headlights Rate Poor in IIHS Evaluations Read More |
Berkshire Hathaway Specialty Insurance Launches A&E Professional Liability with Cyber Insurance Read More |
Ward Group Announces Its 50 Top Performing Insurance Companies for 2016 Read More |
Tim Minard Joins Great American Insurance Group as Senior Vice President Read More |
Generali Global Assistance Launches Iris OnWatch Identity Protection Platform Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire Summer 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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