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TODAY'S TOP DEVELOPMENTS Tuesday, July 30, 2013   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 Ninth Circuit Finds Insurer Bad Faith and Awards Attorney’s Fees The U.S. Court of Appeals for the Ninth Circuit has reversed a district court’s decision and has ruled that an insurer that had disclaimed coverage to its insured as a result of its “unreasonable” interpretation of the policy’s “arising out of” language had acted in bad faith and had to pay the insured’s attorney’s fees. Read More Worker’s Compensation Texas Appellate Court, Applying Oklahoma – Not Texas – Law, Rejects Worker’s Comp Insurer’s Subrogation Claim An appellate court in Texas has rejected a worker’s compensation insurer’s argument that Texas law applied to its subrogation claims and, applying the Oklahoma law in effect at the time of the employee’s death, has ruled that an insurer may not pursue its subrogation claim against the employee’s survivors. Read More Automobile Insurance Trial Practice: Appellate Court Reverses Judgment for Insurer Where Dismissed Party’s Name Remained on Verdict Form An appellate court in Florida has ruled that a trial court erred in denying a request to remove a dismissed party from the caption on the verdict form. Accordingly, it reversed a decision in favor of an insurer and ordered a new trial. Read More Automobile Insurance Insurers’ Disclaimer Issued 10 Months after They Received Notice of Lawsuit Deemed Ineffective, Even Where the Notice Itself Was Untimely A trial court in New York has ruled that because insurers had not provided an explanation for their 10 month delay in disclaiming coverage, their disclaimer was ineffective despite the fact that they had not received timely notice of the underlying lawsuit. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Dodd-Frank Industry Reacts Favorably to Bill to Establish “Flexible” Capital Standards for Insurers A bipartisan group of Senators has introduced S.1369, which would provide “flexibility” to the Federal Reserve to establish capital standards “properly tailored to the unique characteristics of the business of insurance.” Read More Health Insurance Maryland Approves ACA Health Insurance Rates that Are Among the Lowest in the Country So Far Maryland Insurance Commissioner Therese M. Goldsmith has announced premium rates for individual health insurance plans designed to be sold through Maryland’s new health benefit exchange, Maryland Health Connection, beginning October 1, 2013, that are among the lowest of the states that have approved rates to date. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Dennis R. McCoy Is New Chair of New York State Bar Association’s Committee on Association Insurance Programs Read More Kurt M. Campbell Elected to MetLife’s Board of Directors Read More Insurance Law Professor Tom Baker to be Honored by ABA Read More XL Group and Stone Point Capital Form Company Focused on Reinsurance Capital Markets Products Read More Aflac Japan and Japan Post Holdings Sign New Agreement to Expand Distribution Read More View All Industry News Discussion Building versus Structure Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire August 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, Tressler 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 ($795 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 To ensure future delivery of email, please add [email protected] to your address book, contacts or safe sender list. 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