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TODAY'S TOP DEVELOPMENTS Thursday, October 17, 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 Commercial General Liability Total Pollution Exclusion Bars Coverage of "Chinese Drywall" Suit against Contractor, Court Rules A total pollution exclusion endorsement in a commercial general liability insurance policy negated an insurance carrier's obligation to defend or indemnify a contractor sued in a "Chinese drywall" case. Read More Flood Standard Flood Insurance Policy Precludes Insured's Misrepresentation Suit against Agent, Court Rules A federal district court in Connecticut has denied a homeowner's attempt to sue the insurance agent who sold him a standard flood insurance policy ("SFIP") for misrepresentation, ruling that the homeowner was “charged with the knowledge of the terms and conditions of his coverage under his SFIP," and that any claim against the agent alone was "futile". Read More Automobile Insurance Failure to Identify Second Defendant as the Plaintiff's Insurer Did Not Require a New Trial, Appellate Court Holds Reversing a trial court's decision granting the plaintiff's motion for a new trial, a Pennsylvania appellate court has decided that the failure to identify the plaintiff's insurance company as one of two defendants did not, by itself, require a new trial. Read More Life Insurance Court Upholds Intoxication Exclusion, But Finds Questions of Fact as to Whether Insured's Death Resulted from His Intoxication A federal district court in Louisiana has upheld the enforceability of an intoxication exclusion in a life insurance policy, but ruled that there were genuine issues of material fact regarding whether the insured's death had resulted, directly or indirectly, from his intoxication. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Alternative Risk and Captives New York's Red Apple Forms Connecticut Captive The corporate owner of one of the largest grocery store chains in Manhattan is setting up its captive insurance subsidiary in Connecticut. Read More Commercial Auto Felon Sentenced to up to Six Years for Fraudulently Obtaining Tens of Thousands of Dollars in Commercial Insurance Policies Two-time convicted felon Raja Ishtiaq has been sentenced for his role in a massive scheme to illegally obtain commercial car insurance policies and New York City Taxi and Limousine Commission licenses, according to New York State Attorney General Eric T. Schneiderman. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Study Finds One Home Insurance Claim May Raise Premium by up to 21 Percent Read More Safe Deposit Box Insurance Now Available in Florida, Massachusetts, and Louisiana Read More Insurance Sold Through Digital Channels Such as Google and Amazon Could Reach €25 Billion Annually in Europe, According to Accenture Study Read More Rate Survey Indicates Medical Malpractice Insurance Premiums Still Shrinking, with Revenue Outpacing Claims Expenses Read More Zurich's Dan Riordan Named President of Berne Union Read More View All Industry News Discussion Commercial Excess Liability Coverage Form 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. 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. 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