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| TODAY'S TOP DEVELOPMENTS |
Thursday, January 7, 2016 |
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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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Homeowners Insurance
Insurer's Judicial Estoppel Claim Fails Where Insureds Amended Their Bankruptcy Filings Nunc Pro Tunc to Increase the Value of Their Personal Property
A federal district court in Georgia has rejected an insurance company's defense of judicial estoppel where the insureds amended their bankruptcy filings, nunc pro tunc, while their bankruptcy case was still open, to increase the value of their personal property to the amount they claimed they lost when their home was destroyed by a fire. Read More
Commercial General Liability
Concerns for "Efficiency and Delay" in Resolving Coverage Dispute Lead District Court to Refuse to Withdraw Reference to Bankruptcy Court
The U.S. District Court for the Southern District of New York, citing concerns for "efficiency and delay," has refused to remove an insurance coverage dispute from a bankruptcy court to the district court itself, even though the dispute was "non-core." Read More
Verdicts & Settlements
Defendants Found Not Liable for Motorcyclist's Injuries
A civil jury on Long Island, New York, has ruled that the defendants were not liable for a motorcyclist's accident. Read More
Exclusions
Vermont Supreme Court Again Applies Pollution Exclusion to Preclude Coverage
The Vermont Supreme Court, for the second time this year, has applied a pollution exclusion in an insurance policy to preclude coverage for a claim. This time, it ruled that damage to an insured home and personal property resulting from the spraying within the home of a pesticide known as chlorpyrifos was not covered by a homeowners' insurance policy. Read More |
View All Case Law Developments |
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In the States
Warner Chilcott Agrees to Pay $23.2 Million to Resolve Claims It Violated California Insurance Code False Claims Act
A $23.2 million settlement has been reached by the California Department of Insurance and whistleblowers with pharmaceutical company Warner Chilcott to resolve a lawsuit alleging drug marketing fraud in violation of state law. Read More
Workers Compensation
Owners of Janitorial Company for Major Hotels that Allegedly Hid Hundreds of Employees Are Charged with Insurance Fraud
A California grand jury has indicted the owners of Good Neighbor Services as well as six alleged accomplices in an alleged massive, ongoing insurance fraud and tax evasion scheme. Read More |
View All Legislative/Regulatory Developments |
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| Insurance Attorneys Paul S. Danner and Joshua L. Milrad Join Goldberg Segalla Read More |
High Drowsy Driving Crash Risk on Daytime Commute after Night Work, Research Finds Read More |
Zurich to Acquire Crop Insurer RCIS from Wells Fargo Read More |
2015 U.S. Natural Catastrophe Losses Curbed by El Niño; Brutal North American Winter Caused Biggest Insured Losses, Munich Re Reports Read More |
FC&S Legal Publishes "Defense Is Owed by CGL Insurer for Loss of Use and Diminished Value Resulting From Alleged Easement Trespass" Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire November/December Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com |
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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
Cort T. Malone, Anderson Kill, P.C. |
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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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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 www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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