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TODAY'S TOP DEVELOPMENTS Wednesday, October 9, 2013   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 Delaware Supreme Court UIM Benefits Are Not Available for a Wrongful Death Plaintiff Who Stands in the Shoes of a Non-Insured Decedent The Delaware Supreme Court has reaffirmed that wrongful death plaintiffs may not recover underinsured motorist benefits following the death of a decedent who was not an insured under the UIM policy, rejecting a request that it overrule its precedents to change that rule. Read More Oregon Supreme Court Insured's Initial Accident Report Was Not a Sufficient Proof of Loss for a UIM Claim The Oregon Supreme Court has ruled that an initial accident report filed by an insured with her own automobile insurance carrier was insufficient to constitute a "proof of loss" for an underinsured motorist claim. While offering some guidelines, the court did not set forth a bright line rule for determining what actually constitutes a sufficient proof of loss for UIM benefits. Read More Commercial Property Cheese Manufacturer's Damages from Government-Ordered Recall are Not Covered by Commercial Property Policy, Michigan Appeals Court Rules A Michigan appellate court has affirmed a trial court's decision in favor of an insurance carrier, finding that it had not breached the commercial property policy it had issued to a cheese manufacturer when it had failed to pay the manufacturer for losses associated with a government-ordered recall of its cheese products. Read More Flood Sovereign Immunity Bars Insureds' Claims against FEMA and Its Administrators Where WYO Insurers Had Denied Claims, Court Rules A federal district court in Mississippi has ruled that sovereign immunity required that it dismiss litigation brought by a number of insureds against the U.S. Department of Homeland Security's Federal Emergency Management Agency, FEMA's administrator, and FEMA's director of claims, where the insureds' claims had been denied by the "Write Your Own" insurance carriers that had issued each of them a standard flood insurance policy under the National Flood Insurance Program. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY International Regulation European Commission to Delay Solvency II until January 2016 The European Commission has proposed delaying the application date of Solvency II until January 1, 2016. Read More Title Insurance Government Shutdown Duration Could Affect Title Insurers, Fitch Says  Just how long the U.S. government shutdown lasts will be a key variable in determining the impact, if any, for U.S. title insurance companies' margins, according to Fitch Ratings. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS ING Insurance Rebrands to "NN" Read More Aspen Re Appoints Jamie Lewis as Head of Casualty Reinsurance in London Read More Colonial Life Releases Enhanced Whole Life Insurance Plan Read More Ironshore Announces Capacity Increase to $300 Million for Global Terrorism Coverage Read More New Insurance Industry Events Added to FC&S Legal Calendar Read More View All Industry News Discussion War Exclusion Clause October, 2013   Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire October/November Insurance Coverage Law Report   View Insurance Coverage Law Report Archives Steven A. Meyerowitz, ESQ. Director, FC&S Legal [email protected] Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal [email protected] 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 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 FC&S Daily Legal Report ($795 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. 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