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TODAY'S TOP DEVELOPMENTS |
Monday, November 25, 2013 |
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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.
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Homeowners Insurance
Sinkhole Coverage Battles Continue in Florida as Court Confirms It Will Not Apply Statutory Definition of "Structural Damage" Retroactively
A federal district court in Florida has confirmed that the new statutory definition of "structural damage" will not be applied retroactively in an insurance coverage case involving a sinkhole. Read More
Homeowners Insurance
West Virginia's Highest Court Finds "Collapse" to be Ambiguous and Rules that It Includes Something Less than "Complete Falling In"
West Virginia's highest court, the Supreme Court of Appeals, has ruled that the term "collapse" as used (but not defined) in a homeowner's insurance policy was ambiguous, meant something less than "complete falling in" of a kitchen floor, and included "substantial impairment of the structural integrity" of the floor. The court also held that whether an insured should have known that decay was causing her kitchen floor to sink was a genuine issue of material fact that had to be decided by a jury. Read More
Homeowners Insurance
Statements in Bankruptcy Schedules Doom Insured's Ability to Later Claim Damages under Her Homeowners Policy Based on Judicial Estoppel
A homeowner's statements in her bankruptcy case about property she owned have doomed the claim the subsequently filed under her homeowners policy for damages she allegedly suffered as a result of a fire in her home based on judicial estoppel. Read More
Homeowners Insurance
Lead Exclusion in Landlord's Policy Did Not Violate Public Policy, Appellate Court Holds
An intermediate appellate court in New York has affirmed a trial court's decision that a lead exclusion in a landlord's insurance policy did not violate public policy and barred coverage of a tenant's claims for bodily injury allegedly sustained as a result of lead poisoning. Read More
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View All Case Law Developments |
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Workers Compensation
Family Convicted for Workers' Compensation Insurance Fraud
Jeffrey Thranow, the owner of Costa Bella Builders in California, has been convicted of committing workers' compensation insurance premium fraud for his part in failing to report employees to his insurance carrier or to the California Employment Development Department. Read More
In the States
Rebecca Matthews Named Interim Chief of Staff of Florida Office of Insurance Regulation
Florida Insurance Commissioner Kevin McCarty has named Rebecca Matthews as interim chief of staff of the Office of Insurance Regulation. Read More |
View All Legislative/Regulatory Developments |
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Cyber-Crime is a Major Threat to Companies Today, EY Survey Finds Read More |
Top 10 Women in Insurance Leadership Named by Insurance Networking News Read More |
XL Group Enhances Up + Running Equipment Breakdown Insurance with Added Perishable Goods Protection Read More |
Marsh Names Mary-Beth Hahn and Kathy O'Leary Casualty Leaders Read More |
RSA Insurance Ireland Suspends CEO Philip Smith, CFO Rory O'Connor, and Claims Director Peter Burke Read More |
View All Industry News
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INSURANCE COVERAGE
LAW REPORT |
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View Entire October/November Insurance Coverage Law Report |
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View Insurance Coverage Law Report Archives |
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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 |
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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 |
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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. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or [email protected].
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FC&S Legal: The Insurance Coverage Law Information Center |
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