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TODAY'S TOP DEVELOPMENTS Tuesday, July 23, 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 Excess In Dispute with Excess Insurer, Insured Had Burden of Proving Allocation of Settlement Funds among Covered and Excluded Claims An appellate court in Pennsylvania has ruled that an insured, in a dispute with its excess insurer, had the burden of demonstrating the portion of a settlement that was for covered claims and the portion of the settlement that was for claims that were not covered by the policy. Read More Commercial Auto "Leased" Driver Was Excluded from Coverage under Interstate Motor Carrier's Trucker's Policy, Court Holds A federal district court in Tennessee has ruled that a trucker's policy did not cover claims asserted for the death of a "leased" driver, finding that the driver was an "employee" and the policy clearly excluded coverage for employees, and that the Federal Motor Carrier Safety Act did not require that employees be covered under the policy where the policy expressly excluded them. Read More Homeowner's Insurance Insured's Failure to Sit for EUO Dooms Claim, California Appeals Court Rules An appellate court in California has affirmed a summary judgment ruling in favor of a homeowner's insurer where the insured had not completed an examination under oath, even though he had provided a recorded statement about his claim. Read More Employee or Independent Contractor Appellate Court Affirms Summary Judgment in Favor of Farmers Insurance on Independent Contractor Issue A recent decision in a case involving Farmers Insurance would seem to be a key case to cite in any summary judgment motion over independent contractor status. Read More View All Case Law Developments LEGISLATIVE/REGULATORY Health Insurance Competition under Affordable Care Act Cited as Reason for Drop in Health Insurance Premiums Secretary Kathleen Sebelius of the U.S. Department of Health & Human Services has released a report that found that premiums in the health insurance marketplace will be nearly 20 percent lower in 2014 than previously expected. Read More In the States Connecticut Now Requires Insurers to Participate in Climate Risk Surveys Connecticut-based insurance companies now are required to complete the annual Climate Risk Survey that was initially adopted in 2009 as a voluntary report by the National Association of Insurance Commissioners. Read More View All Legislative/Regulatory Developments INDUSTRY NEWS Sun Life Finds Workers Are Concerned about Costs of Critical Illness Read More Jane Barker Appointed Chair of Marsh Ltd. Read More Insurers Increasingly Look to Data Derived from Cars' "Black Boxes" Read More ACE Group Appoints Derek Talbott as Division President for North America Property and Specialty Lines Read More Prudential Group Insurance Offers Critical Illness Coverage Nationwide Read More View All Industry News Discussion Riot or Civil Commotion Coverage Browse our entire library of over 2,500 insurance resources and forms. INSURANCE COVERAGE LAW REPORT View Entire July Insurance Coverage Law Report View Insurance Coverage Law Report Archives Steven A. Meyerowitz, ESQ. Director, FC&S Legal 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, 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 on how to subscribe to FCS& Legal, please contact customer service at 1-800-543-0874 or customerservice@sbmedia.com. FC&S Legal: The Insurance Coverage Law Information Center To ensure future delivery of email, please add [email protected] to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. ©2013 Summit Business Media, All rights reserved. Privacy Policy 5081 Olympic Blvd Erlanger, KY 41018 1-800-543-0874