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TODAY'S TOP DEVELOPMENTS |
Wednesday, August 14, 2013 |
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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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Professional Liability Insurance
In Absence of "Special Circumstances" and Lawyers' Failure to Read Their Policy, Verdict in Favor of Insurance Agent Is Affirmed
A Massachusetts appellate court has affirmed a decision in favor of an insurance agent in a suit brought by two attorneys based on (1) the absence of "special circumstances" necessary for a duty of investigation and advice by the agent, and (2) the failure of the lawyers to read their policy. Read More
Automobile Insurance
Nebraska's Top Court Reinstates Insured's Suit against Her Insurer Filed 14 Years after Accident and 9 Years after She Settled with Other Driver's Insurer
The Nebraska Supreme Court has reversed a trial court's decision finding that an insured's action against her insurer for underinsured motorist benefits was barred by the statutory five year limitations period even though the accident had occurred more than 14 years before the insured sued her insurer, and more than nine years after the insured had settled with the other driver's insurer. Read More
Umbrella
Umbrella Coverage Not Triggered Where Insured's Losses Did Not Exceed Its SIR, Washington Appellate Court Rules
An appellate court in Washington has held that coverage under an insured's umbrella policy was not triggered where the insured's losses were not in excess of its primary insurance and self-insured retention. Read More
Asbestos Litigation
Clarifying Media Reports Regarding Maryland Law and Causation in Asbestos Exposure Cases
Despite suggestions to the contrary, Maryland continues to endorse substantial-factor causation as the evidentiary standard "for establishing...causation in negligence cases alleging asbestos exposure." With this in mind, any entity defending asbestos claims in Maryland should continue to consider defenses based on the lack of substantial-factor causation, according to Gordon S. Woodward, a partner in the Washington, D.C., office of Schnader Harrison Segal & Lewis LLP. Read More |
View All Case Law Developments |
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Health Insurance
Independence Blue Cross Files Request to Redesign Its Corporate Structure
Independence Blue Cross has filed a request with the Pennsylvania Insurance Department to redesign its corporate structure. Read More
Worker's Compensation
West Virginia Receives Ninth Consecutive Reduction for Worker's Compensation Insurance Rates
West Virginia has received a reduction in worker's compensation loss cost rates from the National Council on Compensation Insurance. Read More |
View All Legislative/Regulatory Developments |
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Endurance Welcomes Fred Cooper as Head of U.S. Financial Institutions Insurance Practice Read More |
Chris Gardner Named New Chairman of Citizens Property Insurance Board of Governors Read More |
Towers Watson Signs Agreement with Federal Government to Facilitate Public Exchange Enrollments Read More |
National Risk Retention Association Conference to Focus on Affordable Care Act and Cyber Threat Read More |
Business Interruption Coverage and Claims after Superstorm Sandy Read More |
View All Industry News
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INSURANCE COVERAGE
LAW REPORT |
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View Entire August Insurance Coverage Law Report |
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View Insurance Coverage Law Report Archives |
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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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC |
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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 |
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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].
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