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TODAY'S TOP DEVELOPMENTS Wednesday, April 27, 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.

 CASE LAW

Commercial General Liability
Mississippi Supreme: Insurer That Filed DJ Action in Federal Court Impliedly Consented to State Court's Jurisdiction Over Coverage Dispute
The Mississippi Supreme Court, affirming a lower court's decision, has ruled that an insurance company that filed a declaratory judgment action in a federal district court in Mississippi impliedly consented to the jurisdiction of Mississippi state courts over the coverage dispute and, therefore, waived its defense of lack of jurisdiction in coverage-related claims lodged against it in a Mississippi state court. Read More

Workers Compensation
Ohio Supreme: Subcontractor in Self-Insured Construction Project Is Immune from Tort Claim by Other Subcontractors' Employees
The Ohio Supreme Court, in response to a question certified by the U.S. District Court for the Southern District of Ohio, has ruled that Ohio's workers compensation laws provide immunity to a subcontractor enrolled in a self-insured construction-project plan from a tort claim for workplace injury by an employee of another enrolled subcontractor on the same project. Read More

Commercial Lines
Colorado Supreme Court Declines to Extend Notice-Prejudice Rule to No-Voluntary-Payments Clause
The Colorado Supreme Court, reversing a decision by an intermediate appellate court, has declined to extend the notice-prejudice rule to a no-voluntary-payments clause. Read More

Eye on the Experts
Recoupment of Defense Costs: An Ohio Court Weighs in on the Debate
This Eye on the Experts article discusses a recent decision by an Ohio appellate court addressing the much-debated issue of recoupment of defense costs, holding, on very narrow grounds, that an insurer could recoup nearly $12 million it expended on the defense of its insured. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Health Insurance

Seven Insurers Agree to Expand Coverage of Chronic Hepatitis C Treatment for Nearly All Commercial Health Insurance Plans Across N.Y. State
Seven health insurance companies have reached an agreement with New York regulators to revise their coverage policies for chronic Hepatitis C treatment. Read More

Health Insurance
N.Y. Regulator Acts to Ensure That Insurers Provide Coverage for Maternal Depression Screening
The New York Department of Financial Services has issued guidance to inform health insurers of their responsibility to provide health insurance coverage for maternal depression screenings. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Five Insurance Coverage Attorneys Join Wilson Elser's Dallas Office   Read More

FCCI Insurance Group Appoints Lisa Krouse to Board of Directors  
Read More

Miles Osorio Joins Hamilton Underwriting as Head of Property D&F  
Read More

Liberty International Underwriters Adds Cyber Extortion Endorsement for Its Product Recall and Contamination Policies for Food and Beverage Companies 
Read More

Insurance Recovery Litigator Michael John Miguel Joins McKool Smith  
Read More

View All Industry News
 
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Q&A
Falling Leaves Do Not Invoke Wind-Hail Deductible

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 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, 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

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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