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TODAY'S TOP DEVELOPMENTS Thursday, February 13, 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 Directors & Officers Colorado Supreme Asked to Decide Whether Notice-Prejudice Rule Applies to Claims-Made Policies or Only Occurrence Policies The U.S. Court of Appeals for the Tenth Circuit has asked the Colorado Supreme Court to determine whether Colorado’s notice-prejudice rule for liability insurance policies applies to claims-made policies or whether it applies only to occurrence policies. Read More Homeowners Insurance Feral Cat Protectors Were Properly Denied a Defense for Suit Alleging “Deliberate Conduct,” Appeals Court Decides An appellate court in California, affirming a trial court’s decision, has ruled that two people who protect the feral cat population at a college were not entitled to a defense under their homeowners’ insurance policy of a lawsuit that alleged causes of action for invasion of privacy, stalking, intentional infliction of emotional distress, and assault. Read More Automobile Insurance Kansas Supreme Court Permits Non-Renewal in Absence of Proper Substantive Basis – Although Insurer Could Be Subject to Suit and Penalties The Kansas Supreme Court has ruled that notice to non-renew an insurance policy that complies with the procedure set out in K.S.A.2012 Supp. 40-3118(b) and the policy is sufficient to force a lapse of coverage, regardless of whether a proper substantive basis for nonrenewal exists under K.S.A.2012 Supp. 40-276a(a) and the policy. Read More Commercial Auto Applying New York’s “Center of Gravity” Approach, Second Circuit Finds that New Jersey Law Governed Policies Although Accident Occurred in New York After an accident in New York gave rise to a personal injury lawsuit, a federal district court in New York denied the summary judgment motion of two insurance carriers in the coverage dispute that followed. They appealed, and the U.S. Court of Appeals for the Second Circuit had to determine whether, applying New York’s choice-of-law principles, New York or New Jersey law governed the policies. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Life Insurance USAA Does Not Have to Settle States’ Death Master File Claims – They Found It Used the DMF Appropriately One insurance carrier that will not have to reach a settlement with state regulators over the use, or non-use, of the Social Security Death Master File to identify deceased life policyholders and annuitants is United Services Automobile Association Group and its affiliated companies (excluding USAA Life Insurance Company of New York). Read More In the States Florida’s Citizens Property Insurance Drops Below 1 Million Policies for the First Time Since 2006 The policy count of Florida’s Citizens Property Insurance Corporation has dropped below one million for the first time since 2006, marking a significant milestone in Citizens’ announced effort to return to its role as an insurer of last resort. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Eugene Wollan, Name Partner at Mound Cotton Wollan & Greengrass, Dies  Read More NORCAL Mutual Acquires Renewal Rights from Pennsylvania Physicians’ Reciprocal Insurers  Read More Health Reform Brings Munich Re to Minnesota  Read More Favorable US Insurance Market Conditions Expected in 2014, Report Finds  Read More Berkshire Hathaway Specialty Insurance Appoints Mary K. Nolan Vice President of Health Care Professional Liability  Read More View All Industry News Q&A Theft of Tenant’s Property Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire February 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. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. ©2014 Summit Professional Networks, All rights reserved. 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