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TODAY'S TOP DEVELOPMENTS Tuesday, January 14, 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.  CASE LAW Excess v. Prime Federal Court in Maryland Explores “Horizontal Exhaustion Rule” in Asbestos-Related Liability Case In a decade old case involving Porter Hayden Company’s claim that National Union Fire Insurance Company of Pittsburgh, Pa., and American Home Assurance Company failed to indemnify Porter Hayden for asbestos-related liability claims, the U.S. District Court for the District of Maryland has issued an important decision on the insurers’ motion for partial summary judgment on horizontal exhaustion. Read More Automobile Insurance Policy’s Time Limit for Filing UM Suit Binds Passenger Riding in Insured’s Vehicle, Iowa Supreme Court Rules The Iowa Supreme Court has ruled that a policy provision limiting the time to file an action to recover underinsured motorist benefits was binding on a passenger who was injured while riding in the named insured’s vehicle. The court concluded that the passenger, as an insured and a third party beneficiary of the policy, did not have greater rights than the policyholder. Read More Automobile Insurance 1 Insured, 2 Insurers, 1 UM Arbitration Award. Can the Insured Demand a Jury Trial? An appellate court in New Jersey, interpreting an arbitration provision in an automobile insurance policy, has rejected an insured’s demand for a jury trial where an arbitration award against two insurers in the aggregate exceeded the “amount of damages” entitling the insured to demand a jury trial, but the “amount of damages” payable by one of the insurers did not.  Read More Eye on the Experts Bad Faith Compendium: California In this compendium, attorneys at Nelson Levine de Luca and Hamilton review more than a dozen states where bad faith issues most often arise and provide a synopsis of pre-litigation claims-handling standards, first- and third-party claim issues, insurance company defenses, procedural and discovery issues, and the scope of damages. The authors begin the series with a review of bad faith law in California, one of the country’s most volatile jurisdictions for insurance companies. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Federal Actions Want to Advise the Federal Insurance Office? Here’s Your Chance! The U.S. Department of the Treasury is seeking applicants for membership on the Federal Advisory Committee on Insurance, which presents “advice and recommendations” to the Federal Insurance Office. Read More Life Insurance Two Charged in Alleged Stranger-Originated Life Insurance Scam A federal grand jury in Hartford, Connecticut, has returned a 33 count indictment charging Daniel Carpenter of Simsbury, Connecticut, and Wayne Bursey of Bloomfield, Connecticut, with wire fraud, mail fraud, and conspiracy offenses stemming from an alleged “stranger-originated life insurance” scheme to defraud insurance companies into issuing insurance policies on the lives of elderly people for the benefit of the defendants and other investors. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS FC&S Legal Begins Publication of Nelson Levine de Luca and Hamilton’s Bad Faith Compendium Read More Nicolaides Group Leaves Bates Carey to Form New Insurance Coverage-Focused Law Firm with California Group Led by Former Gordon & Rees Partner Read More Healthcare Services Group Appoints Jason J. Bundick General Counsel and Secretary, and Files for a Captive Insurance Subsidiary Read More Norton Rose Fulbright Promotes Insurance Litigator Eric Herzog to Partner Read More Sanford Weill Named Chairman of the Board of Hamilton Insurance Group Read More View All Industry News Q&A Coinsurance Penalty Explained Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire December/January Insurance Coverage Law Report   View Insurance Coverage Law Report Archives Steven A. Meyerowitz, ESQ. Director, FC&S Legal [email protected] 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 www.fcandslegal.com. 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    LinkedIn   To ensure future delivery of email, please add [email protected] to your address book, contacts or safe sender list. 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