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TODAY'S TOP DEVELOPMENTS Monday, July 29, 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.


Homeowner's Insurance
Homeowners' Lender-Placed Insurance Claims Had Been Litigated in Mortgage Foreclosure Action, Appellate Court Decides
A New Jersey appellate court has ruled that homeowners' coverage claims under a lender-placed insurance policy could not be asserted in a separate lawsuit because they had been litigated in a prior mortgage foreclosure action, adding that their claims that the insurance had violated the Real Estate Settlement Procedures Act also could not be asserted in the separate lawsuit because they were time barred. Read More

Choice of Law Analysis Leads Circuit to Uphold Decision that Tennessee Law Barred Insurers' Michigan Subrogation Action against Ford
The U.S. Court of Appeals for the Sixth Circuit has ruled that a products liability action filed against Ford Motor Company in a federal district court in Michigan by insurance companies as subrogees of their insured, a Tennessee resident, was barred by Tennessee's statute of repose for products liability actions. Read More

Attorney's Fees
Insurer that Prevailed in Its DJ Action is Awarded Statutory Attorney's Fees
A federal district court in Oklahoma has awarded attorney's fees to an insurance company that prevailed in its declaratory judgment action and obtained a judgment that it had no duty to defend or indemnify its insureds. Read More

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

View All Case Law Developments


Florida Governor Scott Opposes President Obama's Tax Proposal for Reinsurance
Florida Governor Rick Scott has notified Florida Congressman Vern Buchanan, a member of the House Ways and Means Committee, of his opposition to legislation that is included in President Obama's current budget recommendations that would deny tax deductions for certain reinsurance premiums paid to foreign-based affiliates of domestic insurers. Read More

In the States
N.Y. Seeks Info on Insurers' Compliance with Iran Sanctions Law
The New York Department of Financial Services has issued a request to reinsurers writing business in the state asking for information concerning their compliance with the Iran Freedom and Counter-Proliferation Act of 2012. Read More

View All Legislative/Regulatory Developments
Liberty Mutual Appoints Douglas Cauti to Lead Construction Practice Read More

New York's Highest Court Reminds Insurers of Risks in Breaching Duty to Defend
Read More

RenaissanceRe Expands Global Reinsurance Operations with Launch of U.S. Platform
Read More

XL Group Extends Coverage Offerings for Energy Projects
Read More

Physicians Blame Trial Lawyers and Insurance Companies for Health Care Costs
Read More

View All Industry News

Trilogy on the Meaning of Subcontractor


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

View Entire July Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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, Kasowitz, Benson, Torres &
Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company

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