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| TODAY'S TOP DEVELOPMENTS |
Tuesday, June 24, 2014 |
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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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Homeowners Insurance
Oklahoma Supreme: Coverage for Sewage that Entered Home Depends on Whether It Came from Home's Plumbing System or the Sewer Line
The Oklahoma Supreme Court has ruled that property damage to a home caused by sewage that entered it would be covered by the homeowners' insurance policy if the source of the sewage was the home's plumbing system, but would be excluded under the policy's sewer-or-drain-backup exclusion if the source was the sewer line to the property. Read More
Title Insurance
Alabama Supreme Court Asked to Determine Whether Attorney Was Providing Legal Services During Title Search and Insurance Issuance Activities
The U.S. Court of Appeals for the Eleventh Circuit has asked the Alabama Supreme Court to determine whether an "attorney agent" who worked under contract for a title insurance company provided a "legal service" within the meaning of Ala.Code §6–5–574 when the attorney performed a title search, analyzed documents in the chain of title, formed an unwritten opinion on the status of title based on those documents, and then issued a commitment to insure or an insurance policy based on the attorney’s unwritten opinion. Read More
Trial Strategy
How Making a Nominal Settlement Offer Can Create the Ability to Obtain Attorney's Fees
Can a nominal settlement offer by an insurer to a policyholder be an offer made in good faith? A recent decision by an appellate court in Florida sets forth the standard that an insurance company must meet in these circumstances to be able to subsequently recover its attorney's fees. Read More
Homeowners Insurance
Failure of Insured to Disclose Claim to His Bankruptcy Trustee Did Not Bar His Action Against His Insurer Where His Debts Had Never Been Discharged
A federal district court in Alabama has ruled that judicial estoppel did not bar an insured's claim against an insurance company even though the insured had not disclosed the claim in his bankruptcy case, where his bankruptcy case had been dismissed before the insured's debts could be discharged. Read More |
View All Case Law Developments |
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In the States
California Bill Would Mandate Disclosures and Uniformity in Pet Insurance
A bill has been introduced in the California Assembly that would regulate pet insurance policies that are marketed, issued, amended, renewed, or delivered to California residents on or after July 1, 2015, regardless of the situs of the contract or master group policyholder, or the jurisdiction in which the contract was issued or delivered. The bill would define certain terms and specify certain disclosures a pet insurer would be required to make to consumers. Read More
Federal Actions
House Financial Services Committee Approves TRIA and FSOC Legislation
The House Financial Services Committee has approved legislation to reform the Terrorism Risk Insurance Act and legislation governing the Financial Stability Oversight Council. Read More
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View All Legislative/Regulatory Developments |
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| Insurance Coverage Litigator David Schack Joins Barnes & Thornburg's Los Angeles Office Read More |
Policyholder Attorney Mark D. Villanueva Named Partner at McCarter & English Read More |
Adelson, Testan, Brundo, Novell & Jimenez Appoints Workers' Comp Lawyer Marc Middleton as Managing Attorney of Omaha Office Read More |
Kelly M. Marino Named Vice President of Corporate Accounts at Ironshore Read More |
Catalyst Canada Honors Chubb Canada CEO Ellen Moore as Powerful Role Model for Women Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire July Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC |
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Cort T. Malone, Anderson Kill & Olick, P.C.
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
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@SummitProNets.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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