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TODAY'S TOP DEVELOPMENTS Monday, May 23, 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 Claims Resolution Missouri Federal Court Dismisses Co-Insured’s Action Against Bank for Paying Insurer’s Checks on One Signature A federal district court in Missouri has dismissed a co-insured’s action against a bank seeking damages resulting from the allegedly fraudulent indorsement and negotiation of checks that had been issued in payment of an insurance claim. Read More Commercial Auto Truck Driven to Pick Up Repaired Insured Vehicle Was a “Temporary Replacement” for That Vehicle, West Virginia Court Rules A federal district court in West Virginia has ruled that an insured who was in an accident while driving a repair shop’s truck to the repair shop to pick up his insured vehicle was driving a “temporary replacement” for his insured vehicle for purposes of his commercial trucking policy. Read More Exclusions Ohio Supreme: “Abuse or Molestation” Exclusion Precluded Coverage for Insured’s Vicarious Liability for Employee’s Physical Abuse of Child in Insured’s Care The Ohio Supreme Court has ruled that an “abuse or molestation” exclusion in a commercial liability insurance policy excluded coverage for an award of damages based on the insured’s vicarious liability for a claim arising from its employee’s physical abuse of a child in the insured’s care and custody. Read More Automobile Insurance $500,000 Underinsured Motorist Coverage Limit Was Per Accident, Not Per Person, Seventh Circuit Rules The U.S. Court of Appeals for the Seventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Illinois, has ruled that the limit of underinsured motorist coverage under an automobile insurance policy was $500,000 per accident and not per person. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Federal Actions HHS Issues Final Rule Prohibiting Insurers from Discriminating on Basis of Gender Identity The U.S. Department of Health and Human Services has issued a final rule declaring that individuals are protected from discrimination in health care on the basis of race, color, national origin, age, disability and sex, including discrimination based on pregnancy, gender identity, and sex stereotyping. Read More Alternative Risk and Captives New Method in Tennessee to Redomesticate Captives HB2228, which establishes a new method by which a captive insurance company may redomesticate to Tennessee, has been signed by the governor. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Cybersecurity Breaches Hit Nearly Three in Four Organizations, New CompTIA Research Reveals  Read More Usage-Based Insurance Expected to Grow to 142 Million Subscribers Globally by 2023, IHS Says Read More Liberty International Underwriters Introduces LIU Design and Data Insure for Architects and Engineers Read More AIG Secures Approximately $300 Million of Indemnity Reinsurance Coverage for Mortgage Insurance Portfolio Read More Great American Insurance Group Establishes Specialty Property & Casualty Business in Mexico Read More View All Industry News   Q&A Algae as a Contaminant under CGL Form Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Spring Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com 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    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874