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| TODAY'S TOP DEVELOPMENTS |
Monday, July 15, 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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Commercial General Liability
Temporary Worker (and Coverage) or Leased Worker (and No Coverage)? Massachusetts Appeals Court Decides for Coverage
An appellate court in Massachusetts has affirmed a trial court's decision that a worker supplied to an insured by a labor leasing firm was "furnished ... to meet ... short-term workload conditions" such that she was a "temporary worker" within the meaning of the commercial general liability insurance policy issued by the insurer to the insured. Read More
Commercial General Liability
Court Finds Suit against Insurer Was Not a "Direct Action" for Purposes of Diversity Jurisdiction
A federal district court in Alabama has ruled that a lawsuit against an insurance company by plaintiffs who previously had sued its insured and reached a settlement was not a "direct action" within the meaning of 28 U.S.C. § 1332, and therefore complete diversity existed. Read More
Exclusions
4th Circuit Affirms Finding of No Coverage for Claims Alleging Car Dealers Had Collected Illegal "Administrative Fees" from Buyers
The U.S. Court of Appeals for the Fourth Circuit has affirmed a district court's decision that an insurer had no duty to defend or indemnify an insured car dealer in a case asserting that it had engaged in the practice of collecting illegal "administrative fees" from buyers. The circuit court affirmed on the basis of the district court's decision, in which the district court had reasoned that (i) coverage did not exist because the policy expressly excluded coverage for "[a]ny dishonest, fraudulent, criminal or intentional act ... committed by the 'insured'" and the underlying complaint made allegations falling "expressly" within this exclusion, and (ii) the endorsement for failing to comply with a "[t]ruth in lending statute, or any statute that ... regulates disclosures" did not apply because the underlying complaint "d[id] not allege violation of a lending or leasing disclosure statute." Read More
Health Care
Medicaid Act Bars California's Elimination of Coverage for Certain Health Care Services Provided by Publicly-Funded Health Clinics, 9th Circuit Holds
The U.S. Court of Appeals for the Ninth Circuit has ruled that the Medicaid Act prohibits California from eliminating coverage for adult dental, podiatry, optometry, and chiropractic health care services provided by publicly-funded health clinics and therefore California legislation to that effect was invalid. Read More
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View All Case Law Developments |
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Homeowner's Insurance
California Department of Insurance Fines Homesite Insurance $350,000
The California Department of Insurance and Homesite Insurance Company have reached a settlement under which the insurer will pay a penalty of $350,000, and will refund $10,522 in premium overcharges to over 70 California policyholders. Read More
In the States
Florida Office of Insurance Regulation to Hold Public Hearing for Blue Cross and Blue Shield of Florida's Proposed Plan of Reorganization
The Florida Office of Insurance Regulation will conduct a public hearing on July 25, 2013, at Miami-Dade College to discuss the proposed plan of reorganization for Blue Cross and Blue Shield of Florida that would allow it to reorganize as a stock insurer under a mutual holding company. Read More |
View All Legislative/Regulatory Developments |
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| AIG Names New President and Chief Executive Officer for Its Property Casualty Business in Latin America and the Caribbean Read More |
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Ironshore Promotes Timothy R. White to Senior Vice President Read More |
Enstar to Acquire Torus Insurance Holdings Read More |
Floods Dominated Natural Catastrophe Statistics in First Half of 2013 Read More |
The Importance of the Noncumulation Clause Read More |
View All Industry News
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INSURANCE COVERAGE
LAW REPORT |
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View Entire July Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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Steven A. Meyerowitz, ESQ.
Director, FC&S Legal |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal |
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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 |
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 on how to subscribe to FCS& Legal, please contact customer service at 1-800-543-0874 or customerservice@sbmedia.com.
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