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TODAY'S TOP DEVELOPMENTS Monday, January 6, 2014

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.


Homeowners Insurance
Prohibited Dog Exclusion Bars Coverage for Claim that Insured Negligently Failed to Disclose If His Pit Bull Had Its Rabies Shots, Arizona Appeals Court Holds
An appellate court in Arizona has affirmed a trial court's summary judgment ruling in favor of a homeowner's insurance company, finding that the "prohibited dog" exclusion in the animal liability endorsement to the policy barred coverage for negligence claims against the insured asserting that his Pit Bull had bitten the underlying plaintiff and that the insured had negligently failed to inform the underlying plaintiff as to whether the Pit Bull had timely received its rabies shots Read More

Life Insurance

Ex-Wife, Not Next Wife, Entitled to Life Insurance Policy Proceeds Where Husband Had Not Changed Beneficiary after Divorce, Fifth Circuit Rules
The U.S. Court of Appeals for the Fifth Circuit, applying Louisiana law, has affirmed a district court's ruling that a husband's former wife, not his next wife, was entitled to the proceeds of his life insurance policy where she remained the beneficiary on his policy after their divorce. Read More

Homeowners Insurance
Finding "Suit Against Us" Provision Ambiguous, Circuit Court Allows Mortgagee's Separate Claim against Homeowners' Insurer To Go Forward
The U.S. Court of Appeals for the Sixth Circuit, reversing a district court's decision, has ruled that the "suit against us" provision in an insurance policy issued to two homeowners was ambiguous and did not bar their mortgagee from pursuing a separate claim against their insurer after intervening in their coverage action.  Read More

Workers Compensation
Termination of Post-Injury Employment, Even for Misconduct, Does Not Affect Employee's Right to Recover Temporary Total Disability Benefits, New Mexico Court Decides
A New Mexico court has ruled that termination of post-injury employment, whether or not for misconduct, did not affect an employee's right to recover temporary total disability benefits under New Mexico's Workers' Compensation Act. Read More

View All Case Law Developments

Insurer Insolvency

New York Appoints Liquidator for ICM Insurance Company
A New York court has appointed Benjamin M. Lawsky, the superintendent of New York's Department of Financial Services, as liquidator of ICM Insurance Company. Read More

Automobile Insurance

Pennsylvania Becomes 30th State to Permit Motorists to Use Electronic Devices to Show Proof of Insurance and Deductibles
At the beginning of 2013, just seven states permitted the use of electronic devices to display proof of insurance. This issue became one the hottest insurance-related legislative trends and, as the year came to an end, 30 states had adopted the practice. Read More

View All Legislative/Regulatory Developments
Manulife Financial Completes Sale of Its Life Insurance Operations in Taiwan to CTBC Life Read More

ProAssurance Completes Acquisition of Eastern Insurance Holdings
Read More

Mutual Benefit Group Appoints Attorney Peter M. McManamon to Board of Directors
Read More

Front Street Re Closes Reinsurance Treaty with Bankers Life Insurance
Read More

Atlantic American Acquires Dormant Life and Health Insurance Company
Read More

View All Industry News

Rekeying of Locks


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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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 ($1,295 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, visit To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or [email protected].

FC&S Legal: The Insurance Coverage Law Information Center

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