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TODAY'S TOP DEVELOPMENTS Friday, August 8, 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 Insurer Had Standing to Bring DJ Action Against Its Insured's Other Insurer, Connecticut Supreme Court Rules The Connecticut Supreme Court has ruled that an insurance company that was not a named insured or otherwise a party to its insured's other insurance policies had demonstrated "a specific, personal and legal interest in [those] policies" sufficient to give it standing to commence a declaratory judgment action against the insurer that had issued those policies. Read More Subrogation New York Anti-Subrogation Law Is Not Preempted by ERISA, Second Circuit Rules The U.S. Court of Appeals for the Second Circuit, reversing a district court's decision, has ruled that ERISA did not preempt claims that insurers were barred by a New York law from obtaining reimbursement of medical benefits from tort settlements. Read More Commercial General Liability Insurer Had No Duty to Indemnify Insured Contractor in Absence of a Suit, California Appeals Court Confirms An appellate court in California, affirming a trial court's decision, has ruled that an insurance carrier had no obligation to defend or indemnify its insured, a contractor, because a complaint had not been filed against the insured by the owner of an apartment complex where the insured's subcontractors allegedly had improperly installed defective shower stalls. Read More Automobile Insurance The Widow's Lament: Missouri Supreme Court Applies "Owned-Vehicle" Partial Exclusion in Couple's Policies The Missouri Supreme Court, affirming a lower court's decision, has ruled that the uninsured motorist ("UM") coverage available to the widow of a man killed in an automobile accident was limited by an "owned-vehicle" partial exclusion in the couple's policies, which limited coverage when an insured was injured while occupying a vehicle owned by the insured but not covered by the policy. The court concluded that although the widow was an insured, she was not entitled to UM coverage because she had not sustained bodily injuries, and the partial exclusion limited the coverage available for her husband's wrongful death. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Homeowners Insurance Florida's Citizens Insurance Offers to Settle an Additional 600 Sinkhole Claims Only weeks after agreeing to settle about 300 sinkhole claims, Florida's Citizens Property Insurance Corporation has made settlement offers to 600 additional policyholders. Read More Health Insurance Illinois Insurance Department Warns Against Discrimination Based on Transgender Status or Gender Identity The Illinois Department of Insurance has issued guidance clarifying that, under the Affordable Care Act and Illinois state law, health insurers may not discriminate based on gender identity and related medical conditions. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Primary Texting Bans Associated with Lower Traffic Fatalities, Study Finds Read More New Leadership Appointments at The Hartford Read More Insurance Institute for Highway Safety Says Small Car Crash Ratings Run the Gamut Read More Guardian Completes Premier Access Acquisition Read More XL Group Appoints Edward J. "Ned" Kelly to Its Board of Directors Read More View All Industry News   Discussion Other Protections against Personal Liability 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 smeyerowitz@SummitProNets.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@SummitProNets.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 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 customerservice@SummitProNets.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%%. ©2014 Summit Professional Networks, All rights reserved. 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