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TODAY'S TOP DEVELOPMENTS Wednesday, April 12, 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

Subrogation
Insurer Could Not Hold Nonprofit Group Responsible for Fire Allegedly Caused by Its Tenant's Smoking, N.Y. Appeals Court Rules
An appellate court in New York has affirmed a trial court's decision dismissing negligence and breach of contract claims brought by an insurance company against a nonprofit organization that subleased an apartment to a tenant whose smoking allegedly caused a fire at the complex. Read More

Homeowners Insurance
Referral to SIU Was Not in "Anticipation of Litigation" for Purposes of Discovering Claims File, Alabama Magistrate Judge Decides
A U.S. Magistrate Judge in Alabama has rejected an argument put forth by two insurance companies that materials in their claims file had been prepared in "anticipation of litigation" as of the date they sent the insured's claim to their special investigations uni because the claim then was considered "suspect."  Read More

Automobile Insurance
Insurer Paying Third Party for Totaled Vehicle Did Not Have to Add Sales Tax Where He Did Not Purchase a Replacement Car, Massachusetts Court Rules
An appellate court in Massachusetts, affirming a trial court's decision, has ruled that an automobile insurer that paid a third party the actual cash value of his totaled vehicle did not have to pay sales tax where he had not purchased a replacement vehicle and, therefore, had not incurred any sales tax. Read More

Automobile Insurance
Maine Court Upholds Insurer's Request to Rescind Policies of Insured Who Misrepresented Residence and Where Vehicles Were Garaged
A federal district court in Maine has ruled that an insurance company could rescind automobile insurance policies it issued to an insured who represented that he lived in Maine and would garage his vehicles there, when he actually lived in, and garaged his vehicles in, Massachusetts. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Workers Compensation

Texas Insurance Department Revises Most Workers Comp Forms to Remove or Limit Social Security Numbers
The Division of Workers Compensation of the Texas Department of Insurance has finalized its revision of several workers compensation forms by removing or limiting Social Security numbers. Read More

In the States
Florida Senate Moves to End Insurance Industry Tax Break
Insurance-industry officials remained adamant that a proposal to eliminate a decades-old tax credit will cost jobs and hike premiums as the measure moved forward in the Senate with a significant change. Read More

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

Ironshore Specialty Casualty Enhances Construction Cover to Address M&A Transition Exposures  
Read More

The Hartford's Christopher J. Swift Reelected Chair of AIA Board  
Read More

Rick Faucher Named Vice President of North American Pet Health Insurance Association  
Read More

MetLife and Crystal & Company Launch Group Long-Term Disability Insurance for Financial Institutions  
Read More

View All Industry News
 
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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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