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TODAY'S TOP DEVELOPMENTS Friday, August 18, 2017  

 
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

Automobile Insurance
N.J. District Court Denies Insurer's Motion to Compel Arbitration in PIP Case
A federal district court in New Jersey has refused to compel arbitration of a New Jersey health care provider's claim against an out-of-state patient's automobile insurer.  Read More

Automobile Insurance
How Liberty Mutual's Failures Led a Court to Order It to Pay $4.5 Million on a $25,000 Policy - Without Any Finding of Bad Faith
A federal district court in Illinois has ordered Liberty Mutual Fire Insurance Company to pay a $4.5 million judgment, plus interest, notwithstanding its policy's $25,000 limits - and despite the fact that it did not find that the insurer had acted in bad faith in declining to defend a 16 year old in a negligence action.   Read More

Crime
How Prior Insurance Claims Helped Lead to an Arson Conviction
An appellate court in Colorado has rejected an appeal by a criminal defendant who had been charged with setting fire to his house and filing false insurance claims, concluding that the trial court had not erred by admitting into evidence his prior insurance claims to the same insurer.  Read More

Exclusions
Eighth Circuit Rules That Pollution Exclusion Precluded Coverage for Claim That Boat Engine's Release of Carbon Monoxide Caused Injuries
The U.S. Court of Appeals for the Eighth Circuit, interpreting "arising out of" and "atmosphere" in a pollution exclusion, has ruled that a boat dealer was not entitled to coverage of claims stemming from the alleged release of carbon monoxide from a fishing boat's engine.   Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

Nearly Three Dozen States Reach $5.5 Million Settlement with Nationwide Mutual Over 2012 Data Breach
Nearly three dozen states have reached a settlement with the Nationwide Mutual Insurance Company and its subsidiary, Allied Property & Casualty Insurance Company, concerning an October 2012 data breach.  Read More

Automobile Insurance
Updated Model Police Crash Report Includes Autonomous Vehicles
The Model Minimum Uniform Crash Criteria 5th Edition guideline has been updated to reflect the latest behavioral and technological changes impacting vehicles, drivers, and front-line data collectors.  Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
XL Catlin Introduces Enhanced Cyber & Technology Insurance Coverage in North America   Read More

10 Years After, Euler Hermes Assesses the Global Financial Crisis   
Read More

Travelers Reports It Has Helped Injured Employees Cut Opioid Use by 30 Percent Since 2015   
Read More

Union Files Federal Labor Charges Against Anbang Insurance Group   
Read More

Brighthouse Financial Completes Spin-Off from MetLife   
Read More

View All Industry News
 
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Discussion
Illinois Court Reaffirms that Negligence is an Occurrence in a CGL Policy

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 LAW REPORT
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60px_newMeyerowitz Steven A. Meyerowitz, Esq.
Director, FC&S Legal
smeyerowitz@meyerowitzcommunications.com
60px_newSpears Victoria Prussen Spears, Esq.
Associate Director, FC&S Legal
vpspears@meyerowitzcommunitcations.com
FC&S Legal Editorial Advisory Board
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Cope Ehlers, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Norton Rose Fulbright US 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.

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