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TODAY'S TOP DEVELOPMENTS Friday, September 2, 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

Commercial General Liability
Attorneys' Fees That Arbitrator Ordered Association to Pay Apartment Owners Were Damages, Hawaii District Court Finds
A federal district court in Hawaii has ruled that an arbitrator's award in favor of two apartment owners and against their association that required the association to pay the owners' attorneys' fees were "damages because of" the property damage to the owners' unit and, therefore, were covered by the association's commercial general liability insurance policy.  Read More

Environmental Liability
Missouri Supreme Court Rules That Petroleum Storage Tank Insurance Fund Could Not Be Sued — But That Its Board Could Be
The Missouri Supreme Court has ruled that the Missouri Petroleum Storage Tank Insurance Fund was not a legal entity that could be sued for compensatory or punitive damages — but that the board of trustees charged with the administration and operation of the Fund could be sued for the actions of its agents. Read More

Commercial General Liability
California Supreme Court Asked to Decide If There Was "Occurrence" When Insured Employer Was Sued for Negligence
The U.S. Court of Appeals for the Ninth Circuit has certified the following question of law to the Supreme Court of California: Whether there is an "occurrence" under an employer's commercial general liability policy when an injured third party brings claims against the employer for the negligent hiring, retention, and supervision of the employee who intentionally injured the third party. Read More

Automobile Insurance
Wisconsin Appeals Court Refuses Insurer's Request to Reject Settlement Agreement Signed by Insured's Attorney
An appellate court in Wisconsin, affirming a trial court's decision, has rejected an insured's efforts to overturn a settlement agreement that had been reached in a coverage dispute where the agreement had been signed by the insured's attorney, the insurer, and a mediator. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Federal Actions

FEMA Appoints National Advisory Council Members
Federal Emergency Management Agency Administrator Craig Fugate has appointed five new members and reappointed seven current members to FEMA's National Advisory Council. Read More

Insurance Fraud
Former Insurance Agent Headed to Prison for Federal Arson and Witness Tampering Crimes
A former West Virginia insurance agent has been sentenced to a total of nine years in federal prison: seven years for a federal arson crime followed by a consecutive sentence of two years for an unrelated federal witness tampering crime. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Motor Vehicle Fatalities Up 9 Percent with No Sign of Decrease in 2016, National Safety Council Says  Read More

The Cities with the Safest Drivers Are…  
Read More

U.S. Cyber Insurance Premiums Total $1 Billion, Fitch Reports  
Read More

Employers Are Looking to Outsource Benefit Administration, Prudential Survey Finds  
Read More

Private Health Insurance in China Will Surge Fivefold to RMB 1.1 Trillion by 2020, Study Finds  
Read More

View All Industry News
 
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Discussion
Volkswagen Falsified Emission Data - D&O Insurance Implications

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 LAW REPORT
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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, Cope Ehlers, 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.

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