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TODAY'S TOP DEVELOPMENTS Thursday, October 27, 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

Homeowners Insurance
Florida Supreme: 2011 Statute Limited Insureds’ Recovery for 2009 Sinkhole Loss
The Florida Supreme Court has ruled that the statutory definition of “covered claim” effective on the date of an insurer’s adjudicated insolvency determined the scope of the statutory liability of the Florida Insurance Guaranty Association to insureds for sinkhole loss. Read More

Exclusions
Claim for Earth “Weakening” Involved Earth “Movement” and Was Excluded from Policies’ Coverage, Ninth Circuit Rules
The U.S. Court of Appeals for the Ninth Circuit, affirming a decision by the U.S. District Court for the Central District of California, has rejected contentions that insurance policies covered claims for earth “weakening” where it also involved earth “movement.” Read More

Verdicts & Settlements
Widow Sought $150 Million in Punitive Damages Against Harley-Davidson and Motorcycle Dealer. Jury Awarded Nothing.
A widow seeking $150 million in a product liability case following her husband’s death in a motorcycle accident was awarded nothing by an Alabama jury. Read More

Duty to Defend
Issues Arising After Breach of the Duty to Defend
This two-part article examines three questions that arise in relation to breach of the duty to defend. This first part begins with an overview of the key issues, and then discusses various circumstances under which the duty to defend may cease such that an insurer may withdraw representation during an ongoing case. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Automobile Insurance

Liberty Mutual Reaches $925,000 Settlement in California Over “Accident Forgiveness” Ads
The district attorneys of Riverside, San Diego, and Los Angeles, California, have reached a $925,000 settlement in a consumer protection lawsuit brought against the Liberty Mutual Group, Inc., and Liberty Mutual Fire Insurance Company, which offers Liberty Mutual auto insurance in California and nationwide. Read More

Life Insurance
N.Y. Department of Financial Services Approves Life Insurance Plan Offering Incentives to Health-Conscious Consumers 
The New York State Department of Financial Services (“DFS”) has approved an application by John Hancock Life Insurance Company of New York to offer New Yorkers the John Hancock Vitality Program, a new life insurance plan that rewards people for healthy living. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
FC&S Legal Publishes “Theft and Severe Weather: a Storm for Marine Cargo Insurance” Read More

PartnerRe Ltd. to Acquire Aurigen for $286 Million 
Read More

Ironshore International Bolsters Mandarin Capability for Global M&A 
Read More

Mark Appleton Appointed Head of Marine Liability at Hamilton Underwriting 
Read More

ALTA Announces Six National Title Professional Designations 
Read More

View All Industry News
 
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Q&A
Crushed Pipe and Condo Water Damage

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Browse our entire library of over 2,500 insurance resources and forms.
 
 INSURANCE COVERAGE
 LAW REPORT
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View Entire Fall 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, 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.

FC&S Legal: The Insurance Coverage Law Information Center
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