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| TODAY'S TOP DEVELOPMENTS |
Friday, April 17, 2015 |
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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.
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Commercial General Liability
Vermont Supreme: Pollution Exclusion Excluded Coverage for Claim that Exposure to Airborne Chemicals and Residues from Spray-Foam Insulation Led to Bodily Injury
The Vermont Supreme Court, reversing a trial court’s decision, has ruled that a pollution exclusion in a commercial general liability insurance policy excluded coverage for a lawsuit against the insured contractor in which the plaintiff asserted that she had been exposed to airborne chemicals and airborne residues from spray-foam insulation applied by the contractor and that she had suffered bodily injury as a result. Read More
Professional Liability Insurance
“Deficient Email” Notice of Potential Claims Dooms Lawyer’s Bid for Coverage of Malpractice Claims
An Illinois appellate court, affirming a trial court’s decision, has ruled that a professional liability insurance carrier was not obligated to defend a law firm and lawyer against two malpractice actions where the insureds had provided only “deficient email” notice of the claims while the policy was in effect. Read More
Subrogation
Apartment Lease Permitted Landlord’s Insurer’s Subrogation Action against Tenants, Minnesota Appeals Court Rules
An appellate court in Minnesota, reversing a trial court’s decision, has ruled that a landlord’s insurer could bring a subrogation action against tenants whose negligence allegedly led to a fire that damaged their apartment where the apartment lease indicated that the tenants would be liable for property loss they caused that was paid for by the insurer. Read More
Workers Compensation
“Internet Marketplace” Operator that Connected Moving Companies with Those Needing to Move Was Not Worker’s Statutory Employer, South Carolina Court Rules
A South Carolina court has ruled that eMove, which operates an internet marketplace where individuals or businesses renting moving trucks can search for and hire local moving companies to assist with loading and/or unloading rental trucks, was not the statutory employer of a worker injured while working. Read More |
View All Case Law Developments |
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In the States
NAIC Releases Annual Report
The National Association of Insurance Commissioners has released its 2014 annual report, “State-Based Insurance Regulation: Protecting the Future.” The NAIC said that its report uses the “protecting the future” theme to illustrate how regulators work together to ensure the success and security of state-based regulation. Read More
Insurance Fraud
Seven Arrested Following Two-Year PIP Fraud Investigation
Seven residents of Tampa, Florida, have been arrested following a two-year investigation by the Florida Department of Financial Services’ Division of Insurance Fraud into allegations of personal injury protection fraud allegedly involving Integrated Healing Clinic in Tampa. Read More
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View All Legislative/Regulatory Developments |
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| Munich Re America: Big U.S. Winter Storms – Comparably Lower Insured Loss Estimates; Record Heat and Drought Continue in the West Read More |
Historic Reinsurance Cycle under Extreme Strain and ILS Funds Are Not Immune from Challenges, Willis Re Reports Read More |
FAA Approves AIG and USAA Requests for Drone Use Read More |
Malpractice Insurer’s Study Reveals Why Emergency Medicine Physicians Are Sued Read More |
FC&S Legal Publishes “Supreme Court of Texas Marries Contractual Limitations to Insurance Policies” Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire March / April Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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| 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. |
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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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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@SummitProNets.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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