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TODAY'S TOP DEVELOPMENTS Monday, April 11, 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.


Commercial General Liability
Malicious Prosecution Claim Triggered Coverage When Insured Set State’s Legal Machinery in Motion, Georgia Appeals Court Says in Case of First Impression
In a case of first impression, an appellate court in Georgia has ruled that, when a policy did not specify, insurance coverage was triggered on a potential claim for malicious prosecution “when the insured sets in motion the legal machinery of the state.”  Read More

Commercial General Liability
Where Nightclub Shooting Occurred About 1 Hour and 59 Minutes After Club's Policy Was Cancelled, There Was No Coverage, N.Y. Federal District Court Rules
The U.S. District Court for the Southern District of New York has ruled that a commercial general liability insurance policy issued to a nightclub had been canceled for nonpayment effective about two hours before a shooting at the club that injured patrons.  Read More

Commercial General Liability
Wisconsin Supreme Court Strikes Down Waiver of Liability
The Wisconsin Supreme Court has ruled that a standard form liability waiver that offered no opportunity for a consumer to negotiate its terms and that was “overly broad” was unenforceable as a matter of public policy.  Read More

Homeowners Insurance
Craigslist Fraud: A Large “Fund Transfer” or a Small “Theft”?
An appellate court in Illinois has ruled that a loss incurred when money was wired to the alleged owner of an apartment listed for rent on Craigslist – but who was not the owner – was not a “Funds Transfer” but, instead, was a theft of money subject to a $250 policy limit.  Read More

View All Case Law Developments

Insurance Fraud

Retired Judge, Attorney, and Psychologist Charged in Alleged $600 Million Social Security Fraud
A retired administrative law judge, a lawyer, and a psychologist have been charged in a federal indictment for their alleged roles in a scheme to fraudulently obtain more than $600 million in federal disability payments for thousands of claimants.  Read More

Employee Benefits
PBGC Report: Multiemployer Program Will Require “Significant Additional Premiums”
The Pension Benefit Guaranty Corporation has issued its study of revenues needed for it to continue to protect participants in multiemployer plans that are likely to run out of money.  Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes “Business Interruption Insurance for Hospitality Companies”   Read More

FC&S Legal Publishes “2015 Excess and Surplus Lines Laws: Nevada”   
Read More

Navigators Names Michael J. Casella President of International Insurance   
Read More

NICB Reports Slight Increase in Water Damage Claims   
Read More

Insurance Litigator/Arbitrator JoAnn Dalrymple Joins Sedgwick   
Read More

View All Industry News
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
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

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