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TODAY'S TOP DEVELOPMENTS Monday, May 11, 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

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

Preemption

Illinois Commerce Commission's Document Request Seeking to Determine if Motor Carriers Were Insured Was Not Preempted by the FAAAA, Seventh Circuit Rules
The U.S. Court of Appeals for the Seventh Circuit, affirming a district court's decision, has ruled that the Federal Aviation Administration Authorization Act did not preempt a request by the Illinois Commerce Commission to motor carriers to provide documents confirming their insurance coverage. Read More

Homeowners Insurance
"Physical Loss" Encompasses Changes "Perceived by the Sense of Smell," Such as Cat Urine Odor, which Pollution Exclusion Did Not Exclude, N.H. Supreme Court Holds
The New Hampshire Supreme Court, reversing a trial court';s decision in favor of an insurance company, has ruled that a claim for physical loss under a homeowners' insurance policy encompassed changes "perceived by the sense of smell," such as cat urine odor. The court also held that the policy's pollution exclusion did not exclude a claim for cat urine odor. Read More

Commercial Auto
Tanker Trailer from which Oil Allegedly Leaked Was "Mobile Equipment" and Not a Covered "Auto," Maine District Court Rules
A federal district court in Maine has ruled that an oil tanker trailer from which oil allegedly leaked was "mobile equipment" for purposes of a commercial automobile insurance policy and not an "auto," and, therefore, that a claim for the alleged leak was not covered by the 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

Health Insurance

California Insurance Department Finds that Anthem Blue Cross Failed to Justify Rate Increase on Individual Grandfathered Health Insurance Policies
Anthem Blue Cross failed to justify the average 8.7 percent premium increase it imposed on consumers with individual grandfathered health insurance policies, the California Department of Insurance has determined. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
ACE Global Markets Increases Fine Art and Specie Insurance Capacity Read More

Health Insurance Coverage Among Cancer Patients Varies Greatly by Demographics and Cancer Type, Study Finds 
Read More

Roger Smith, EVP and CFO at Infinity Property and Casualty, to Retire Read More

Leave Key, Lose Car 
Read More

Willis Launches Forensic Accounting Practice to Assist with Measurement of Damages Arising from Large Scale Disasters Read More

View All Industry News
 
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Q&A
Coinsurance on Other Structures

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 INSURANCE COVERAGE
 LAW REPORT
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View Entire March / April 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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