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TODAY'S TOP DEVELOPMENTS Wednesday, August 17, 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

Superstorm Sandy
N.J. District Court Dismisses Homeowner’s Extra-Contractual and Tort Claims in Superstorm Sandy Case
A federal district court in New Jersey, in a Superstorm Sandy insurance coverage dispute, has dismissed extra-contractual and tort claims for bad faith, pre-judgment and post-judgment interest, punitive damages, attorneys’ fees, and other consequential damages brought by a homeowner under a standard flood insurance policy, and has refused to permit the homeowner to amend his complaint to assert a claim for fraud and misrepresentation against the insurer. Read More

Professional Liability Insurance
Yet Another Georgia Federal Court Allows an Insurer to Rescind a Law Firm’s Malpractice Policy Based on One Partner’s Misrepresentation
Another federal district court in Georgia has ruled that an insurance carrier could rescind a law firm’s professional liability insurance policy based on one partner’s misrepresentation in the insurance application – even though the firm’s other partner was unaware of the misrepresentation. Read More

Health Insurance
4 Lesbians Sue N.J. Insurance Department Over Coverage for Infertility Treatments
Four New Jersey women in same-sex relationships have sued the commissioner of the New Jersey Department of Banking and Insurance, alleging that the state’s rule for covering fertility treatments discriminated against them because it mandated infertility coverage for infertile women in heterosexual relationships but not for infertile women in same-sex relationships. Read More

Environmental Liability
N.J. Appeals Court Reinstates Coverage Action Against Insurers by Assignee of Bankrupt Company Seeking Coverage of Environmental Cleanup Costs
An appellate court in New Jersey has reinstated portions of a complaint against insurance companies brought by the assignee of a company in bankruptcy seeking insurance coverage for environmental cleanup costs relating to property it acquired during the assignor’s bankruptcy case. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Insurance Fraud

California Man Sentenced for Grand Theft After Posing as Insurance Agent
Cristian Raul Videla, of Van Nuys, California, has pleaded no contest to one felony count of grand theft for defrauding his customers by misrepresenting to them the amount of insurance coverage they had purchased from him. Videla originally was charged with five felony counts of grand theft. Read More

In the States
NAIC to Hold Public Hearing on Long-Term Care Insurance Market
The National Association of Insurance Commissioners will be holding a public hearing to address the future of the long-term care insurance market. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Guardian Introduces New Individual Disability Income Insurance  Read More

Insurance Litigation Partner Neel Lane Joins Norton Rose Fulbright in San Antonio  
Read More

Great American Insurance Introduces Professional Liability Coverage for Administration of Naloxone  
Read More

Insurance Coverage Litigator John Benford Joins Wilson Elser’s Orlando Office  
Read More

AIG Introduces Design and Construction Phase Risk Mitigation Service for Luxury Homes into Canada  
Read More

View All Industry News
 
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Discussion
Validity of a Waiver of UIM Coverage

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Browse our entire library of over 2,500 insurance resources and forms.
 
 INSURANCE COVERAGE
 LAW REPORT
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View Entire Summer 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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