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TODAY'S TOP DEVELOPMENTS Wednesday, May 22, 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

Automobile Insurance

Appellate Court Dismisses Appeal of Decision Reversing Arbitrator’s Award
A New Jersey appeals court has dismissed an appeal of a trial court’s decision reversing an arbitrator’s award of personal injury protection benefits to an insured’s husband. It reasoned that the trial court had “rationally explained how the arbitrator committed prejudicial error” by adopting what he construed as an expansive interpretation of the holding Serio v. Allstate Insurance Company, 210 N.J.Super.167 (App.Div.1986).   Read More

Worker’s Compenations
Ex-NFL Player’s Disability Claim is Limited Based on His Pre-Season Salary, Louisiana Appeals Court Decides
A Louisiana appellate court has affirmed a decision by a worker’s compensation judge limiting the disability benefits payable to a former professional football player who had been injured during the pre-season to an amount based on the amount of his pre-season salary. The Case: Daniel A. Campbell, a professional football player, injured his right knee on June 5, 2009, while at the New Orleans Saints’ mini-camp. He was treated and cleared to play in late July, but reinjured the knee at practice sometime between July 31 and August 2, 2009. Those injuries ended his career as a player.  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.  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

View All Case Law Developments
 
LEGISLATIVE/REGULATORY

Homeowner’s Insurance

New Maryland Law Imposes Notice Obligation on Homeowner’s Insurers
A new law in Maryland requires that an insurer that issues a homeowner’s insurance policy in the state that contains an anti-concurrent causation clause must provide policyholders with a specified notice each year.  Read More

Insurance Fraud
N.Y. State Senate Approves Bills Intended to Fight Auto Insurance Fraud
The New York State Senate has passed three bills that, if enacted into law, would increase penalties for those who commit or assist in auto insurance fraud and that, it says, would give “more flexibility to insurance companies to prevent criminals from getting policies and continuing to commit auto fraud.”  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
The Top 10 States for Dog Bite Claims Are  Read More

44 Percent of Countries Have Identifiable Terrorism Risk, Aon Finds  Read More

AmTrust Financial Completes Acquisition of Mutual Insurers Holding Company  Read More
 
NEW PRODUCTS
First Capital and Hudson Insurance Announce New Insurance Services Professional Liability Facility  Read More
 
PEOPLE
AIG Appoints Anthony Philip President and CEO of American International Company Limited in Bermuda  Read More

View All Industry News
 
NEWLY UPDATED!
Insurance Forms & Resources


Ask the Experts: “Residence Issue When Insured Travels for Business More Than He Is At Home” 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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FC&S Legal: The Insurance Coverage Law Information Center

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