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TODAY'S TOP DEVELOPMENTS Wednesday, January 6, 2016

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.


Superstorm Sandy
Divided N.Y. Appeals Court Rules that Tower Crane Damaged by Superstorm Sandy Was "Integral" to Project and Did Not Fall within Definition of Temporary Works
A divided appellate court in New York has ruled, 3-2, that a 750-foot tall tower crane that was damaged by Superstorm Sandy was integral to, not "incidental to," a construction project in Manhattan and, therefore, did not fall within the definition of "Temporary Works." Read More

Commercial General Liability
Where Insured Orally Agreed Before Accident to Add Additional Insured, Coverage Existed No Matter When Certificate of Insurance Was Issued, Seventh Circuit Rules
The U.S. Court of Appeals for the Seventh Circuit has ruled that, where a commercial general liability insurance policy provided the insured with the ability to orally agree with a third party to add it as an additional insured, coverage did not depend on the insurer's issuance of a certificate of insurance but only on whether the oral agreement had occurred before the underlying accident for which coverage was sought. Read More

Automobile Insurance
Ohio Supreme: Insurer's Issuance of Repair Estimate Was No "Consumer Transaction"
The Ohio Supreme Court has ruled that an insurance company had not engaged in a "consumer transaction" as defined in the Ohio Consumer Sales Practices Act when it issued a repair estimate in relation to its policyholder's claim for motor vehicle damage and, therefore, that the insurer had not become a party to a consumer transaction in these circumstances. Read More

Automobile Insurance
In Case of First Impression, Florida District Court Holds that, in Total Loss Cases, Auto Insurers Must Pay Full Sales Tax that Would Be Due on Purchase of Comparable Vehicles
In a case of first impression, the U.S. District Court for the Middle District of Florida has ruled that automobile insurance policies required payment of sales tax in the full amount that would be due on the purchase of a vehicle of comparable value to the covered vehicle at the time of the total loss of the covered vehicle. Read More

View All Case Law Developments

Life Insurance

Jackson National Life and AXA Equitable Life Settle Death Master File Complaints
Jackson National Life Insurance Company and AXA Equitable Life Insurance Company have reached multi-million dollar settlements with state insurance regulators related to the use of the Social Security Administration's Death Master File database. Read More

Insurance Fraud
Connecticut Resident to Serve Federal Prison Time for Insurance Fraud
Dustin Whitten, a resident of Morris, Connecticut, has been sentenced by U.S. District Judge Janet Bond Arterton in New Haven to 12 months and one day of imprisonment, followed by three years of supervised release, for his involvement in an insurance fraud. Read More

View All Legislative/Regulatory Developments
Survey Finds One in Five Working-Age Americans with Health Insurance Report Problems Paying Medical Bills Read More

GM and Lyft to Create an Integrated Network of On-Demand Autonomous Vehicles 
Read More

FC&S Legal Publishes "Virginia Federal Court Rejects Liability Insurer's 'Business Pursuits' and 'Known Falsity' Exclusions; Owes Defense for Slander Allegations' 
Read More

Michael E. Ravn, CEO of Church Mutual, to Retire; Richard V. Poirier Named Successor 
Read More

Pillsbury Adds Seven to Its Insurance Recovery Practice from Orrick 
Read More

View All Industry News
Violent Acts Expense Coverage


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

View Entire November/December Insurance Coverage Law Report
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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
Cort T. Malone, Anderson Kill, P.C.
Richard D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
Thomas F. Segalla, Goldberg Segalla
David D. Thamann, The National Underwriter Company

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