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TODAY'S TOP DEVELOPMENTS Wednesday, November 11, 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

Fire Insurance
In Case of First Impression, Court Rules that Illinois Standard Fire Policy Voids Homeowners Policy's Intentional Conduct Provision
In a case of first impression in Illinois, a federal district court has applied the provisions of the Illinois Standard Fire Policy to the intentional conduct exclusions in a homeowners insurance policy and concluded that "fires caused by intentional conduct must be covered if all other conditions are met." Read More

Health Insurance
Because "Incurred" Was Ambiguous, Appeals Court Finds Insurer Liable for Medical Expenses Payable Years After Boy's Injury
A Louisiana appellate court, affirming a trial court's decision, has ruled that "incurred" in a medical expense benefit insurance policy was ambiguous and the policy covered a recommended course of treatment for a nine-year-old even where the bills would not be payable for many years after the policy's three year coverage period. Read More

Directors & Officers
Pre-Policy Consumer Complaints Doom Insureds' Coverage Bid for Attorney General's Subsequent Lawsuit
A federal district court in Tennessee has granted an insurer's motion for summary judgment in a coverage action, finding that consumer complaints against the insureds that preceded the effective date of their policy were "related" to a lawsuit filed by the state's attorney general against the insureds during the policy's effective dates, which barred coverage for the attorney general's action under the policy's "Related Wrongful Acts" provision. Read More

Commercial Property
Minnesota Supreme: Policy's Vacancy Clause May Trump Its Standard Mortgage Clause If Vacancy Was Because of Owner — and If Mortgagee Knew About It
The Minnesota Supreme Court, reversing an appellate court's decision, has ruled that a vacancy clause in a policy insuring a commercial building would trump a standard mortgage clause in the policy if the vacancy that preceded vandalism to the insured building was because of the insured owner's acts — and if the mortgagee was aware of the owner's acts. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

California Department of Managed Health Care Fines Blue Shield and Anthem for Inaccurate Provider Directories
The California Department of Managed Health Care has issued a $350,000 fine against Blue Shield of California and a $250,000 fine against Anthem Blue Cross for inaccurate provider directories. Read More

Eye on the Experts
2015 Excess and Surplus Lines Laws: Illinois
This Eye on the Experts article is taken from the 2015 Excess and Surplus Lines Laws in the United States Manual, which reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories during the past year including a special section on the Non-Admitted and Reinsurance Reform Act and the steps surplus lines carriers and brokers should be taking now to ensure compliance with this groundbreaking legislation. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Toyota Will Establish New Artificial Intelligence Research and Development Company and Will Invest $1 Billion Over Five Years  Read More

XL Catlin Extends Yacht Insurance Risk  
Read More

Business Demand for Cyber and Data Privacy Insurance Surges While Gaps Remain in Incident Response Plans, According to Wells Fargo Study  
Read More

Ironshore Specialty Casualty Offers New Endorsements for Manufacturer Sector Product Risk  
Read More

QBE North America Appoints Glenn Skrynecki VP of Agriculture  
Read More

View All Industry News
 
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Discussion
Volkswagen Falsified Emission Data - D&O Insurance Implications

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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 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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