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TODAY'S TOP DEVELOPMENTS Friday, February 5, 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.

 CASE LAW

Homeowners Insurance
Idaho Supreme: Bank Did Not Owe Fiduciary Duty to Insured Borrowers Regarding Disbursement of Insurance Proceeds Received for Damaged Property
The Idaho Supreme Court, affirming a trial court's decision, has ruled that a mortgagee bank did not owe a fiduciary duty to its borrowers regarding the disbursement of insurance proceeds in connection with the repair or replacement of their home, which had been destroyed by fire. Read More

Superstorm Sandy
N.Y. Federal Court Grants New Trial in Superstorm Sandy Case to Permit Broker to Argue that Insured Had Ratified Change to Coverage Sublimit
The U.S. District Court for the Southern District of New York has granted an insurance broker's motion for a new trial in a Superstorm Sandy case on the insured's negligence claim — based on a reduction of the Coverage Sublimit in its policy from $30 million to $10 million — and the broker's ratification defense. Read More

Commercial Lines
County's Insurance Purchase Did Not Waive Government Immunity, North Carolina Federal District Court Rules
The U.S. District Court for the Western District of North Carolina has ruled that a county's purchase of insurance policies did not effect a waiver of its immunity as a government and that, as a result, it was entitled to summary judgment on a tort plaintiff's claims for trespass by public officers and malicious prosecution. Read More

Commercial Property
Coverage for "Personal Effects" Did Not Include Fencing in Insured's Trailer, Tennessee Appeals Court Affirms
An appellate court in Tennessee, affirming a trial court's decision, has ruled that an insurance policy that provided coverage for "personal effects" of the insured located at specific premises did not cover fencing material owned by the insured.  Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Workers Compensation

Medical Professionals Charged in Alleged Multi-Million Dollar Workers' Compensation Health Insurance Fraud
The California Insurance Department has charged 13 additional individuals, including seven Southern California-based medical professionals, in what it characterized in a statement as "one of the largest cases of workers' compensation health care insurance fraud in department history."  Read More

Insurance Fraud
North Carolina Man Receives 11 Years in Prison for Crop Insurance Fraud
Milton Russ Barnhill, of Tabor City, North Carolina, has been sentenced to a total of 11 years in federal prison on charges of conspiracy to make false statements in connection with federal crop insurance, making false statements in connection with federal crop insurance, mail fraud, and money laundering. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Aspen Group Acquires AgriLogic Insurance Services  Read More

National General Holdings to Acquire Standard Mutual Insurance Company  
Read More

Munich Re to Acquire Additional Shares of Apollo Munich Health Insurance  
Read More

Liberty Mutual Provides Infrared Cameras to Commercial Insurance Field Adjusters  
Read More

American Bar Endowment Offers ABA Members Free 2016 Insurance Check-Up eBook  
Read More

View All Industry News
 
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Q&A
Coverage for Rented or Leased Solar Panels

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Browse our entire library of over 2,500 insurance resources and forms.
 
 INSURANCE COVERAGE
 LAW REPORT
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View Entire January/February Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@alm.com
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com
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

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.

FC&S Legal: The Insurance Coverage Law Information Center
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