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| TODAY'S TOP DEVELOPMENTS |
Friday, September 6, 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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Homeowners Insurance
Seeking Thoughts: Second Circuit Certifies "Apportionment-of-Loss" Questions to New York's Top Court
The U.S. Court of Appeals for the Second Circuit has asked New York's highest court, the New York Court of Appeals, to determine whether an apportionment-of-loss clause in a homeowner's insurance policy was enforceable under New York law. Read More
Commercial Umbrella
Second Thoughts? Fifth Circuit Withdraws Unanimous Deepwater Horizon Decision and Certifies "Additional Insured" Questions to Texas Supreme Court
The U.S. Court of Appeals for the Fifth Circuit has withdrawn its unanimous ruling in In re Deepwater Horizon, 710 F.3d 338 (5th Cir. 2013), in favor of BP American Production Company, which reversed a district court's decision in favor of the insurance carriers. In its place, the circuit court has certified two questions to the Texas Supreme Court. Read More
Professional Liability Insurance
Second Thoughts? N.Y. Top Court Agrees to Rehear K2 Investment Case
New York's top court, the New York Court of Appeals, has taken the very unusual step of granting a motion to reargue in an insurance coverage case that it decided unanimously on June 11. Read More
Eye on the Experts
Texas Supreme Court Rejects Pro Rata Allocation, Confirms "All Sums" Based on American Physicians Insurance Exchange v. Garcia
In a significant opinion favorable to policyholders, the Texas Supreme Court reaffirmed the "all sums" approach with respect to insurance indemnity obligations. Read More |
View All Case Law Developments |
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Automobile Insurance
Uninsured Drivers May Lose Ability to Collect Noneconomic Damages in Missouri
The Missouri legislature appears likely to try to override Governor Jay Nixon's veto of a bill that would ban uninsured drivers from recovering noneconomic damages in specified circumstances. Read More
Insurance Fraud
First Conviction of Staged Motor Vehicle Accident in Lee County, Florida
Alain Guevara, of Lehigh Acres, Florida, has pleaded guilty to staging a motor vehicle accident. Mr. Guevara pleaded guilty at the beginning of a jury trial scheduled in the 20th Judicial Circuit Court, making it Lee County's first conviction involving a staged motor vehicle accident, which carries a two-year minimum mandatory sentence. Read More |
View All Legislative/Regulatory Developments |
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| IFG's Wholesale Insurance Group Recruits New President: Louis D. Levinson Read More |
Liberty Mutual Insurance Unit Appoints Mike Martin to Lead Property Practice Read More |
Jon Molvie Joins American Integrity Insurance as Vice President of Sales Read More |
Ironshore Specialty Casualty Offers Simplified Policy Form for Excess Liability Coverage Read More |
2013 Worker's Compensation Temporary Total Disability Indemnity Benefit Duration Update Is Published Read More |
View All Industry News
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INSURANCE COVERAGE
LAW REPORT |
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View Entire September 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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| FC&S Legal: The Insurance Coverage Law Information Center |
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