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| TODAY'S TOP DEVELOPMENTS |
Monday, January 12, 2015 |
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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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Professional Liability Insurance
Attorney's Allegedly Negligent Disbursement of Trust Account Funds Was Excluded from Coverage, Florida Appeals Court Rules
A Florida appellate court, reversing a trial court's decision, has ruled that an allegedly negligent disbursement of funds by an attorney from her trust account was excluded from coverage under her professional liability policy, which excluded claims arising out of the failure to "safeguard funds held or to be held for others." Read More
Professional Liability Insurance
Insurers Must Reimburse Bank that Settled Overdraft Fees Class Actions
A federal district court in Minnesota has ruled that two insurance companies had to reimburse a bank for $30 million out of a $55 million settlement payment and related defense costs in an overdraft-fee dispute. Read More
Business Owners
Finding that Policy Required Reasonable Color Match between Damaged and Undamaged Siding, Minnesota Supreme Court Requires Replacement of All Siding on 20 Buildings
In a case involving spot damage to multiple siding panels on multiple buildings, the Minnesota Supreme Court has upheld an appraisal panel's decision that siding of comparable material and quality required a reasonable color match between the damaged and undamaged siding and that, as a result, the insured condominium association was entitled to have all of the siding panels on each of its 20 buildings replaced. Read More
Commercial General Liability
Employment-Related Exclusion Barred Coverage Even If Plaintiff Was an Independent Contractor, First Circuit Holds
The U.S. Court of Appeals for the First Circuit, affirming a district court's decision, has ruled that, under applicable Maine law, exclusions in insurance policies for "employment-related" practices barred a plaintiff's recovery against the insurer even if the plaintiff was an independent contractor. Read More |
View All Case Law Developments |
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Homeowners Insurance
New York Governor Vetoes "Host Inaction" Liability Bill
A bill that would have made New York the first state in the nation to impose liability on homeowners who failed to provide "reasonable assistance" to guests facing life-threatening medical emergencies has been vetoed by New York Governor Andrew Cuomo. Read More
In the States
Florida Insurance Agent Charged with Stealing Over $1 Million of Client Funds
Orange County, Florida, insurance agent Mario Ferreri has been charged with defrauding clients of his financial services company, Financial Management Resources, out of more than $1 million in life insurance premium payments. Read More
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View All Legislative/Regulatory Developments |
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| ISO Prepares for Rise of Commercial Drones with New Coverage Options Read More |
Progressive to Acquire Controlling Interest in American Strategic Insurance's Parent Company, ARX Holding Read More |
6 Must-read Articles about Uber, Airbnb, and Insurance Read More |
Berkshire Hathaway Specialty Insurance Enters Inland Marine & Ocean Cargo Market, Names John Evans Head of Marine Business Read More |
Aspen Re Renews Silverton for 2015 Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire December Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC |
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Cort T. Malone, Anderson Kill & Olick, P.C.
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
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@SummitProNets.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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