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TODAY'S TOP DEVELOPMENTS Thursday, October 22, 2015

 
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

Exclusions
Modified Pollution Exclusion Did Not Bar Coverage for Claim that Plaintiff Had Been Injured by Legionella Bacteria in Foundry’s Cooling Towers
A Wisconsin appellate court, reversing a trial court’s decision, has ruled that a modified pollution exclusion did not bar coverage for claims that the underlying plaintiff had been injured as a result of his exposure to the Legionella bacteria that allegedly had been dispersed from cooling towers at the insured’s foundry. Read More

Professional Liability Insurance
Partner’s Knowledge of Associate’s Mishandling of Real Estate Matter Dooms Malpractice Coverage
A federal district court in Massachusetts has ruled that a lawyer knew or could have reasonably foreseen, prior to the effective date of his professional liability policy, that the mishandling of a client’s appeal by a former associate at the lawyer’s former firm might be expected to be the basis of a claim, dooming coverage under the policy. Read More

Verdicts & Settlements
$14 Million Judgment Against Materials Company in Asbestos Case
A South Carolina jury has ordered a company to pay $14 million in a case alleging that a worker died from mesothelioma caused by exposure to asbestos. Read More

Claims Resolution
Tennessee-Based Claims Examiner Did Not Have Minimum Contacts with Texas to be Sued in Texas for Violating Its Insurance Code, Texas Appeals Court Holds
An appellate court in Texas, reversing a trial court’s decision, has ruled that an insurance company’s claims examiner, who was based in Tennessee, did not have sufficient minimum contacts with Texas to be subject to the jurisdiction of Texas courts in a lawsuit alleging that she had violated the Texas Insurance Code. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

Farmers Settles Suit Alleging No-Call Violations with Missouri Attorney General for $575,000
California-based Farmers Insurance Exchange, Truck Insurance Exchange, and Fire Insurance Exchange have settled a lawsuit filed by Missouri Attorney General Chris Koster for allegedly violating state telemarketing and no-call laws. Read More

Federal Actions
U.S. Transportation Department Announces Unmanned Aircraft Registration Requirement
A task force has been directed to develop recommendations for a registration process for unmanned aircraft systems. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Kiskadee Appoints Andrew Hughes as CCO and General Counsel Read More

First Rideshare Insurance Policy is Introduced in Kansas 
Read More

FC&S Legal Publishes “The Iran Sanctions Program: Is There Relief in Sight for Reinsurers Under The Iran Nuclear Agreement?” 
Read More

IronHealth Introduces Policy for Hospitals and Integrated Health Care Systems 
Read More

Church Mutual to Acquire Pennsylvania School Boards Association Insurance Holdings 
Read More

View All Industry News
 
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 INSURANCE COVERAGE
 LAW REPORT
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View Entire Septmeber/October Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
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, 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
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.

FC&S Legal: The Insurance Coverage Law Information Center
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