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TODAY'S TOP DEVELOPMENTS Wednesday, May 24, 2017  

 
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

Crime
No Insurance Coverage for Losses from Largest Credit Union Failure in American History
The U.S. Court of Appeals for the Sixth Circuit has ruled that a fidelity bond did not cover losses arising from actions by the former chief operating officer of the St. Paul Croatian Federal Credit Union, which led to the largest credit union failure in American history.  Read More

Professional Liability Insurance
"Hopelessly Indecipherable" Prior Acts Exclusion in Law Firm's Malpractice Insurance Policy Was Unenforceable
A federal district court in California has refused to enforce a prior acts exclusion in a law firm's malpractice insurance policy, finding it "enigmatic," "unintelligible," and "hopelessly indecipherable."   Read More

Workers Compensation
One Alleged Exposure to Unknown Chemicals Found Insufficient to Allow Workers Comp Claim
A Massachusetts court has upheld a decision denying a workers compensation claim by an employee who claimed a work-related pulmonary injury resulting from a single exposure to unknown chemicals.   Read More

Automobile Insurance
Rhode Island Supreme Court Applies "Strict Interpretation" to "Occupying" Vehicle
The Rhode Island Supreme Court has issued a decision "strictly" interpreting the term "occupying" in an automobile insurance contract in the context of two collisions — and where, it said, the policy was "designed to exclude an owner from the protections of his policy."  Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Automobile Insurance

Governors Highway Safety Group and Foundation Support State Drowsy Driving Prevention Efforts
The Governors Highway Safety Association and The National Road Safety Foundation are giving grants funds to four states to implement drowsy driving prevention campaigns.  Read More

Insurance Fraud
14 Arrested in Miami in Alleged Assisted Living Facility Fraud
Fourteen people have been arrested in Miami and charged with participating in an alleged fraud in which an assisted living facility in Miami intentionally misrepresented its business activities in an attempt to obtain an inadequate but cheaper insurance policy.   Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
XL Catlin Appoints Steven Bauman to Lead Global Insurance Programs and Captive Practice in North America   Read More

Sompo International Launches New U.S. Middle Market Property Insurance Unit   
Read More

Aegon to Divest Majority of U.S. Run-Off Businesses   
Read More

FC&S Legal Publishes "Impact of Driverless Cars on the Insurance Market"   
Read More

New Association Formed to Advocate for MEWAs   
Read More

View All Industry News
 
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Discussion
Although a Claim is Inextricably Intertwined with a Defense, There is No Duty to Defend

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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, Cope Ehlers, 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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