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| TODAY'S TOP DEVELOPMENTS |
Wednesday, May 27, 2015 |
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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.
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Business Income
Applying “Closeness to the Risk” and “Total Policy Insuring Intent” Tests, Circuit Finds Only One of Two Insurers Liable for Fire Loss at Strip Mall
The U.S. Court of Appeals for the Eighth Circuit, affirming a Minnesota district court’s decision, has ruled that only one of two insurance companies that had issued policies to a strip mall owner was liable for the mall’s loss of income following a fire. Read More
Personal Umbrella
Ninth Circuit Rules that Brother Living in Trailer Was Not a Resident of Insured’s Household
The U.S. Court of Appeals for the Ninth Circuit, reversing a decision by the U.S. District Court for the Southern District of California, has decided that an umbrella insurance policy issued to Gordon Hammers did not cover damages arising out of a car accident with Ellery Chacksfield for which Gordon Hammers’ brother Robert Hammers had been found responsible because Robert Hammers was not a “resident of [Gordon Hammers’] household.” Read More
Professional Liability Insurance
“Hybrid” Legal Malpractice Counterclaim Seemingly Was Encompassed by Policy’s Capacity and Equity Interests Exclusions, N.Y. Appeals Court Rules
An appellate court in New York has affirmed a trial court’s decision denying a summary judgment motion brought by an insured law firm and lawyer, reasoning that a malpractice counterclaim against the lawyer was “of a hybrid nature” that the policy’s “Capacity Exclusion and Equity Interests Exclusion seem to encompass.” Read More
Homeowners Insurance
6th Circuit Affirms Dismissal of Insurer’s “Reverse Bad Faith” Claim under Kentucky Law
The U.S. Court of Appeals for the Sixth Circuit has ruled that the U.S. District Court for the Western District of Kentucky did not err when it dismissed a claim asserted by an insurance company against its insured for “reverse bad faith” because it had not been recognized in Kentucky. Read More |
View All Case Law Developments |
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In the States
Missouri Insurance Regulators Put Florida-Based Lumbermen’s Underwriting Alliance into Rehabilitation
Lumbermen’s Underwriting Alliance, a Florida-based insurance company, has been placed into rehabilitation by the Circuit Court of Cole County, Missouri, and turned over to regulators at the Missouri Department of Insurance. Read More
Flood
N.Y. Senator Schumer Urges FEMA to Eliminate WYO Insurers
U.S. Senator Charles E. Schumer (D-N.Y.) has urged the Federal Emergency Management Agency to scrap the decades-old Write-Your-Own insurance model from the National Flood Insurance Program and move forward to overhaul the process entirely. Read More
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View All Legislative/Regulatory Developments |
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| Professional Liability Attorney Mitchell Milby Joins Wilson Elser’s Dallas Office Read More |
Yie-Hsin Hung is New CEO of New York Life Investment Management Read More |
Lloyd’s Japan and Sompo Japan Nippon Koa Insurance Launch New Warranty and Indemnity Facility for Japanese Corporates Read More |
Travelers Business Risk Index Reveals Increased Concern about Cyber Threats Read More |
FC&S Legal Editorial Advisory Board Member Richard Milone Joins Jones Day in Washington Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire May / June Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com |
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| 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. |
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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 |
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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@alm.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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