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TODAY'S TOP DEVELOPMENTS Monday, July 25, 2016     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 Attorney’s Fees How an Insurer Lost Its “Safe Harbor” and Was Ordered by the Oregon Supreme Court to Pay Its Insured’s Attorneys’ Fees The Oregon Supreme Court has ruled that an insurance carrier raised issues beyond those it was permitted to in an arbitration with its insured and that, as a result, it would have to pay its insured’s attorneys’ fees, notwithstanding its attempt to rely on a statutory “safe harbor.” Read More Exclusions Georgia Appeals Court Rejects Insureds’ Contention That Location of Provision in Policy’s Declarations Section Rather Than Exclusions Section Created Ambiguity An appellate court in Georgia, affirming a trial court’s decision, has rejected the insureds’ contention that a provision should not be enforced because it was located in the Declarations section of an aviation insurance policy and was not specifically labeled an “exclusion.” Read More Environmental Liability Colorado Appeals Court Applies “Notice-Prejudice” Rule to Pollution Coverage Claim An appellate court in Colorado, reversing a trial court’s decision, has ruled that the notice-prejudice rule applied to the insured’s pollution claim under an occurrence policy, notwithstanding the “date-certain” requirement in the policy and notwithstanding that the notice provision was a “material condition precedent” to determining coverage. Read More Environmental Liability “Pollution Conditions” Was Ambiguous, Ohio District Court Decides The U.S. District Court for the Southern District of Ohio has ruled that the term “pollution conditions” in a claims-based environmental impairment liability insurance policy was ambiguous and that as a result the insurer in a coverage dispute was not entitled to judgment on the pleadings in its favor.  Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Health Insurance Justice Department and State Attorneys General Sue to Block Anthem’s Acquisition of Cigna, Aetna’s Acquisition of Humana The U.S. Department of Justice and attorneys general from multiple states and the District of Columbia have sued to block Anthem’s proposed acquisition of Cigna and Aetna’s proposed acquisition of Humana, alleging that the transactions would increase concentration and harm competition across the country, reducing from five to three the number of large, national health insurers in the nation. Read More In the States Philadelphia Purchases $5 Million “Lawsuit Liability” Insurance Policy in Anticipation of Democratic Convention The city of Philadelphia, which is hosting the Democratic National Convention next week, reportedly has paid a $1.2 million premium for a $5 million “riot or protest” insurance policy that would provide cover for officers’ “errors and omissions while performing their professional duties.” Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS FC&S Legal Publishes “Liability Insurance Basics for Litigators”  Read More Assurant Finalizes $1.4 Billion Property Catastrophe Reinsurance Program  Read More Allianz Global Corporate & Specialty Appoints Adam Posner as Senior Underwriter for Terrorism & Political Violence Insurance in North America  Read More How Much Can Be Saved by Increasing a Home Insurance Deductible?  Read More AgileHealthInsurance.com Adds Health Insurance Plans for Consumers Who Missed 2016 Open Enrollment Period  Read More View All Industry News   Form Analysis Auto Dealers Coverage Form Conditions Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Summer Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@alm.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 Cort T. Malone, Anderson Kill, P.C. 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 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. 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%%. Copyright © 2016 ALM Media, LLC. All rights reserved. Privacy Policy 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874