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TODAY'S TOP DEVELOPMENTS Monday, May 13, 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

Homeowner’s Insurance

Arkansas Supreme Court Asked to Decide whether Labor Costs Are Depreciable when Determining "Actual Cash Value" of Covered Loss
A federal district court in Arkansas has asked the Arkansas Supreme Court to decide whether an insurer in determining the "actual cash value" of a covered loss under an indemnity insurance policy may depreciate the costs of labor when the term "actual cash value" was not defined in the policy. Read More

Exclusions
Pollution and Health Hazard Exclusions Do Not Bar Coverage for Interior Damage Allegedly Caused by Chinese Drywall, Court Rules
A federal district court in Florida has ruled that two insurance policies' pollution and health hazard exclusions did not bar coverage for claims alleging that imported Chinese drywall sold by the insured had caused damage to the interior of various residences. Read More

Inland Marine
Finding Ambiguity in Policies, Court Aggregates Limits and Rules that Insureds' Bad Faith Claim Met Exception to Statutory Exhaustion Requirement
A federal district court in Maryland has ruled that the limits of three policies issued by an insurance carrier could be aggregated, putting the insureds' bad faith claim against their insurer outside the reach of a statute requiring that they file their claim with the Maryland Insurance Administration before bringing suit. Read More

Automobile Insurance
Relying on "Danger Invites Rescue" Doctrine, Appellate Court Allows First Responder’s SUM Suit to Proceed
An intermediate appellate court in New York has affirmed a trial court's decision refusing to dismiss a first responder's claim for supplementary uninsured–underinsured motorist benefits against his insurance company based on the "danger invites rescue" doctrine. Read More

View All Case Law Developments
 
LEGISLATIVE/REGULATORY

Personal Lines

SEC, FINRA Issue Investor Alert on Pension or Settlement Income Streams
The Securities and Exchange Commission and the Financial Industry Regulatory Authority have issued an investor alert entitled "Pension or Settlement Income Streams – What You Need to Know Before Buying or Selling Them." Read More

Flood
Senator Proposes to Stop Flood Insurance Increases
U.S. Senator Mary L. Landrieu, D-La., has filed an amendment to the Water Resources Development Act that would stop premium rate increases for National Flood Insurance Program coverage until the Federal Emergency Management Agency conducts an affordability study and there is adequate time to act on the results. Read More

View All Legislative/Regulatory Developments
 
60px_newMeyerowitz
Steven A. Meyerowitz, ESQ.

Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal

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, Jenner & Block
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company
   
INDUSTRY NEWS
Sun Life Financial Announces Election of Directors Read More

Manulife Announces New Board and Committee Chairs Read More

84 Million Were Uninsured for a Time or Underinsured in 2012, Report Finds Read More
 
NEW PRODUCTS
Zurich Announces New Coverage for Non-Profit Long Term Care Organizations Read More
 
PEOPLE
CNA Appoints Dave Brosnan Senior Vice President of International Read More

View All Industry News
 
NEWLY UPDATED!
Insurance Forms & Resources


ALE Claim and Property Damage Coverage May, 2013

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Browse our entire library of over 2,500 resources and forms.
 

CALENDAR
Emerging Insurance Coverage & Allocation Issues in 2013 Read More

9th Annual Canadian Captives & Corporate Insurance Strategies Summit Read More

NYIA 2013 Annual Conference
Read More

View Full Calendar
 

INSURANCE COVERAGE LAW REPORT
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Focus On: Coverage for Law Firm Victimized in Check Scam Read More

Is Defective Construction an "Occurrence"? The Answer Isn't So Concrete Read More

Insurance Coverage for Internet Copyright Claims Read More

View Entire May Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 

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FC&S Legal: The Insurance Coverage Law Information Center

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