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TODAY'S TOP DEVELOPMENTS Tuesday, April 4, 2017  

 
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

Commercial General Liability
SIR Endorsement Altered Insurer's Obligations to Additional Insured as Well as to Named Insured, Indiana Appeals Court Says in Case of First Impression
An Indiana appellate court, in a case of first impression, has ruled that a self-insured retention endorsement to a commercial general liability insurance policy required the named insured to satisfy the amount of the endorsement, whether on its own behalf or on behalf of an additional insured, before the additional insured could seek to enforce the policy against the insurer. Read More

Commercial Property
WEE Endorsement Precluded Coverage for Water Damage from Collapsed and Backed-Up Pipe, Florida District Court Rules
A federal district court in Florida has ruled that a water exclusion endorsement in a commercial property insurance policy precluded coverage for a claim for water damage stemming from a collapsed and backed-up pipe.  Read More

Automobile Insurance
UIM Insurer Failed to Preserve Its Subrogation Rights, Dooming Its Coverage Action, Minnesota Appeals Court Affirms
An appellate court in Minnesota has ruled that an underinsured motorist insurer lacked standing to make a priority-of-insurance argument where it had not substituted its check in settlement of its insured's underlying action. Read More

Automobile Insurance
Tow of Vehicle from State Land Was Not Remediation of Property Entitled to Coverage, Massachusetts Appeals Court Finds
An appellate court in Massachusetts has ruled that an insurer was not obligated for the cost of towing its insured's vehicle off state property because the insured had not purchased optional towing coverage and removing his vehicle did not amount to remediation of that property for purposes of his insurance policy. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Superstorm Sandy

Ex-Engineering Firm Manager Sentenced for Making Unauthorized Alterations to Superstorm Sandy Damage Report
Matthew Pappalardo has been sentenced in a Long Island court to three years' probation and a fine in the amount of $10,000 after admitting to altering an engineering report prepared in connection with the assessment of structural damage of residential properties resulting from Superstorm Sandy. Read More

In the States
Rhode Island Licenses First Dedicated Run-Off Carrier Under Regulation 68
ProTucket Insurance Company has become the first Rhode Island domestic insurer to be formed specifically for providing run-off portfolio transfer solutions. The move was made possible under amended Regulation 68. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
FC&S Legal Webinar: Cyber Insurance: Protecting Against Cyber-Related Losses  Read More

Rising Flood Insurance Costs a Growing Burden to N.Y. City Communities and Homeowners, RAND Report Says  
Read More

FC&S Legal Publishes "Keys to Improving Jewelry Claim Outcomes"  
Read More

Lloyd's of … Brussels?  
Read More

Businesses Face Rising Losses from Cyber, Environmental, Product Defect, and Recall Risks, According to Allianz Report  
Read More

View All Industry News
 
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Q&A
Zoning Changes Won't Allow Original Structure to be Rebuilt

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 INSURANCE COVERAGE
 LAW REPORT
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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, Cope Ehlers, 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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