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TODAY'S TOP DEVELOPMENTS Monday, December 9, 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 Subrogation 9/11: Insurers' Lose Subrogation Bid against 7 World Trade Center The U.S. Court of Appeals for the Second Circuit has upheld the dismissal of a subrogation action brought by insurance companies against the entities that designed, built, operated, and maintained 7 World Trade Center in Manhattan. The insurers argued that the building had been negligently designed and constructed, which had caused it to collapse on 9/11. Read More Homeowners Insurance Insured Had Constructive Notice of Claim Denial through Her Attorney, Dooming Her Coverage Action, Fifth Circuit Rules The U.S. Court of Appeals for the Fifth Circuit has affirmed a district court's decision in favor of a homeowner's insurance company, finding that an insured had notice of the denial of her claim constructively through her attorney, and that her coverage action against the insurer therefore was brought too late. Read More Excess Zipcar Driver Had Coverage under Excess Policy, Wisconsin Appeals Court Rules A Wisconsin appellate court has ruled that an exclusion in an excess policy issued to Zipcar, Inc., made the policy illusory. Accordingly, it found that a Zipcar driver was entitled to coverage under the policy for a lawsuit in which the plaintiff asserted that the driver had been negligent while driving the car and had caused injuries to the plaintiff. Read More Commercial Property Appraisal Panel Did Not Exceed Its Authority by Deciding Coverage Questions, Appeals Court Holds A trial court erred by determining that an appraisal panel had exceeded its authority by deciding coverage questions and by substituting its factual determination for that of the appraisal panel, an appellate court in Minnesota has ruled. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY In the States NCOIL Reaffirms Support for State-Based Insurance Regulatory System Legislators at the annual meeting of the National Conference of Insurance Legislators again voiced their unqualified support of the U.S. state-based insurance regulatory system. Read More Health Insurance CVS' Caremark To Pay $4.25 Million for Allegedly Denying Medicaid Claims for Reimbursement of Prescription Drug Costs  Caremark LLC, a pharmacy benefit management company, will pay the federal government and five states a total of $4.25 million to settle allegations that it knowingly failed to reimburse Medicaid for prescription drug costs paid on behalf of Medicaid beneficiaries, who also were eligible for drug benefits under Caremark-administered private health plans. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Prudential Financial Senior Executive Maureen Adolf Joins Regulatory Team at Nelson Levine Read More John Drzik Named President of Global Risk and Specialties at Marsh Read More Fundamental Curtailment of Wide Ranging Commercial General Liability Coverage? The "Classification Limitation Endorsement" – Part I Read More Katherine Mabe Named President of Business to Business at Allstate Read More Imperial Management Corporation Acquires National Automotive Insurance Company Read More View All Industry News Q&A Calculation of Additional Living Expenses December, 2013 Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire December-January 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. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or [email protected]. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add [email protected] to your address book, contacts or safe sender list. 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