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TODAY'S TOP DEVELOPMENTS Monday, May 20, 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

Workers Compensation

Iowa Supreme Court Adopts Restatement (Second) of Conflict of Laws Section 185 to Determine Applicable Law in Worker’s Comp Cases
The Iowa Supreme Court has ruled that Restatement (Second) of Conflict of Laws Section 185 should be applied to determine whether the law of Iowa or South Dakota should apply to determine whether a South Dakota worker’s compensation carrier was entitled to subrogation for payments made to its insured by underinsured and uninsured insurance carriers arising out of a settlement resulting from third party litigation in Iowa. The court found “sound reasons” for applying Section 185 to this case, declaring that Section 185 “in most cases” would provide a clear rule of decision for worker’s compensation carriers and claimants and adding that the application of Section 185 was “superior to the more open-ended considerations of the most-significant-relationship tests.”   Read More

Commercial General Liability
No Coverage for Alleged Defects – Including Mold – to Uncompleted House, South Dakota Supreme Court Rules
The South Dakota Supreme Court has affirmed a trial court’s decision that a commercial general liability insurance policy did not provide coverage for alleged defects – including mold – to an uncompleted home. The court affirmed the trial court’s decision that granted the insurer’s motion for summary judgment that there was no coverage under the policy because multiple exclusions applied.  Read More

Personal Watercraft
“Dishonest or Illegal Acts” Exclusion Precludes Coverage for Accident Occurring while Insured Was Operating His Boat under the Influence, Court Rules
A federal district court in Virginia has ruled that a policy’s “dishonest or illegal acts” exclusion precluded coverage for an accident occurring while the insured was operating his boat under the influence.  Read More

Automobile Insurance
Massachusetts Insurer Entitled to Offset No-Fault Benefits Received under New York Policy
A Massachusetts insurer was entitled to offset personal injury protection no-fault insurance benefits that two people allegedly injured in an automobile accident with its insured had received under their New York insurance policy, an appellate court in Massachusetts has confirmed.  Read More

View All Case Law Developments
 
LEGISLATIVE/REGULATORY


Insurance Regulators to Enhance Corporate Governance Requirements: Deloitte
Insurers may face new corporate governance requirements, following a recent proposal by the National Association of Insurance Commissioners.  Read More

Homeowners Insurance
New Jersey To Require One Page Policy Summary for Homeowners
A new law in New Jersey will require that homeowner’s insurers prepare a one page summary of their policies for homeowners.  Read More

View All Legislative/Regulatory Developments
 
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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
W. R. Berkley Expands Role of Joseph G. Shores to Include President of Monitor Liability Managers  Read More

2013 ISO CGL Changes: Implications to Risk Transfer  Read More

Tokio Millennium Re to Redomesticate to Switzerland  Read More
 
NEW PRODUCTS
Zurich Announces New Coverage for Non-Profit Long Term Care Organizations  Read More
 
PEOPLE
WeiserMazars Names Mahmoud Abdallah a Senior Advisor  Read More

View All Industry News
 
NEWLY UPDATED!
Insurance Forms & Resources


Ask the Experts: Completed Operations as Defined May, 2013

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

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

NYIA 2013 Annual Conference  Read More

NAIC Financial Summit 
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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