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TODAY'S TOP DEVELOPMENTS Thursday, July 30, 2015

 
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
Interpreting 1986 ISO CGL Form, N.J. Appeals Court Holds that “Occurrence” Included Water Damage Caused by Subcontractors’ Allegedly Faulty Workmanship
A New Jersey appellate court, reversing a trial court’s decision, has ruled that unintended and unexpected consequential damages caused by subcontractors’ allegedly defective work constituted “property damage” and an “occurrence” under commercial general liability insurance policies that followed the 1986 standard form issued by the Insurance Services Office, Inc., to a general contractor. Read More

Automobile Insurance

Property Damage to Rental Car Was Covered by Driver’s Own Policy’s “Liability” Coverage, Illinois Appeals Court Holds
An Illinois appeals court has ruled that the “liability” coverage in an automobile driver’s own auto policy covered claims against the driver for damage to a rental car brought against her by the rental car company, rejecting the insurer’s argument that the driver’s liability coverage was not triggered because collision damage to a rental vehicle fell under collision coverage, which the driver had not purchased from her insurer. Read More

Verdicts & Settlements
Man Killed by Car While Crossing Road Outside Crosswalk Found 70 Percent Responsible for Accident
A Florida jury has decided that a laborer who crossed the road 70 to 80 feet away from the designated crosswalk, where he was hit and killed by a car, was 70 percent responsible for the accident. As a result, the jury’s $375,000 damages award in favor of the plaintiff was reduced to $112,500. Read More

Eye on the Experts
Washington Supreme Court Addresses the Meaning of “Collapse”
This Eye on the Experts article explains a recent decision by the Washington Supreme Court, which found that the term collapse, as used in the insurance policy before it, was ambiguous. The court then adopted a definition of collapse, but the use of uncertain terms in its definition may lead to further ambiguity. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Flood

Federal Regulators Issue Final Flood Insurance Rule
The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Farm Credit Administration, and the National Credit Union Administration have issued a final rule that implements certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 and the Homeowner Flood Insurance Affordability Act of 2014. Read More

Health Insurance
CMS Imposes $349,075 Civil Money Penalty on Health Net of Arizona
The Centers for Medicare & Medicaid Services (“CMS”) has imposed a civil money penalty of $349,075 on Health Net of Arizona, finding that it failed to provide clear and accurate benefit information to certain of its enrollees in annual notice of change and evidence of coverage documents for 2015. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
QBE North America Appoints Eric Pruss Head of Personal Lines P&C Read More

ACE Appoints Tim Stapleton Vice President and Cyber Insurance Product Manager for ACE Overseas General 
Read More

Insurance Institute of Hong Kong to Merge with Chartered Insurance Institute Read More

Sandrine Duchêne is Appointed Director of Public Affairs of the AXA Group 
Read More

Universal Property & Casualty Insurance Receives Certificate of Authority from Virginia Read More

View All Industry News
 
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 INSURANCE COVERAGE
 LAW REPORT
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View Entire July/August Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@alm.com
60px_newSpears 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
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