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TODAY'S TOP DEVELOPMENTS Friday, May 1, 2015

 
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

Excess
Georgia Supreme: Insured Could Not Pursue Bad Faith Action Where Insurer Had Not Consented to Insured’s Settlement of Underlying Action
The Supreme Court of Georgia, in response to questions certified by the U.S. Court of Appeals for the Eleventh Circuit, has ruled that an insured was precluded from pursuing a bad faith action against its excess insurance carrier where the insured had settled an underlying action without the insurer’s consent. Read More

Commercial General Liability

Policy that Covered “Only” Business Conduct Did Not Cover Claim Arising from “Diaper Shootout” Party that Mixed Personal Acts and Business, Court Holds
A federal district court in Ohio has ruled that a garage liability policy did not cover a claim for damages allegedly suffered when a refrigerator was intentionally blown apart at a party at the insured’s property that mixed personal activities and business. Read More

Life Insurance
Fifth Circuit Limits “Intended Loss” Enhancement to Criminal Sentences in STOLI Insurance Fraud Cases
The U.S. Court of Appeals for the Fifth Circuit, reversing a district court’s decision, has ruled that the “intended loss” enhancement to a criminal sentence in an insurance fraud case involving the issuance of life insurance policies to unqualified applicants may not be based on the total amount of the death benefits obtainable under the policies. Read More

Homeowners Insurance
Oklahoma District Court Says Jury Must Decide Whether Intruder’s Vandalism and Occupant’s Defense of the Intrusion Amounted to a Single Direct Physical Loss to Insured Home
A federal district court in Oklahoma has ruled that a jury had to determine whether vandalism to the outside of a home by an intruder and an occupant’s defense of the intrusion inside the home amounted to a “single direct physical loss or damage to the insured property” so that the homeowner’s claim was covered by her insurance policy. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Automobile Insurance

Massachusetts Governor Proposes TNC Legislation
Massachusetts Governor Charlie Baker has filed legislation to institute a statewide regulatory framework for transportation network companies such as Uber, Lyft, and Sidecar. Read More

Superstorm Sandy

U.S. Senate Banking Committee to Investigate Allegations of Superstorm Sandy Fraud
The U.S. Senate Banking, Housing & Urban Affairs Committee has agreed to investigate fraud allegations relating to engineering reports prepared with respect to homeowners’ Superstorm Sandy claims. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Leave Key, Lose Car Read More

Insurance Partner Ellen Dunn Joins Sidley Austin’s Global Insurance Group 
Read More

Hinshaw & Culbertson Grows Insurance Practice with Addition of Eight Partners from Meckler Bulger Tilson Read More

Cozen O’Connor Boosts Insurance Practice with Merger with Meckler Bulger Tilson 
Read More

James Engel Joins Endurance as Chief Claims Officer Read More

View All Industry News
 
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Discussion
Asbestos Abatement Exposures

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 INSURANCE COVERAGE
 LAW REPORT
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@SummitProNets.com
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@SummitProNets.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@SummitProNets.com.

FC&S Legal: The Insurance Coverage Law Information Center
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