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TODAY'S TOP DEVELOPMENTS |
Wednesday, June 25, 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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Flood
Superstorm Sandy Flood Insurance Proceeds Found Payable to Landlord Rather than Restaurant that Had Entered Bankruptcy, Based on Parties' Lease
A bankruptcy court in New Jersey has ruled that a flood insurance payment for contents of a restaurant damaged by Superstorm Sandy was payable to the landlord rather than to the restaurant, which had entered bankruptcy, because, under the parties' lease, the landlord had an insurable interest in the proceeds. Read More
Commercial General Liability
Parallel Actions? Federal Court Finds that Colorado River Abstention in DJ Action Was Not Warranted
A direct action in a federal district court in Louisiana against a number of insurance carriers was not "parallel" to a state court liability action filed by the same plaintiff against their alleged insured, but to which the insurers were not parties, the federal court has ruled. Accordingly, it determined that abstention was "unwarranted." Read More
Homeowners Insurance
Appeals Court Finds Home Was "Unoccupied," Even if It May Not Have Been "Vacant," Dooming Foreclosing Bank's Coverage Claim
An appellate court in Massachusetts, affirming a trial court's decision, has ruled that a home had been "unoccupied" at the time of a loss and that, as a result, there was no coverage for the resulting claim. Read More
Eye on the Experts
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Damages in Bad Faith Case
A recent Court of Appeals of Washington State decision affirmed a jury verdict awarding $13 million in damages to a passenger injured in a car accident, finding that the $4.15 million agreed amount of the covenant judgment in the insurance bad faith case sets a floor, not a ceiling, on the damages a jury can award. Read More |
View All Case Law Developments |
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In the States
New Law Prohibits Florida Insurers from Discriminating against Gun Owners
A new Florida law prohibits personal lines property or automobile insurance carriers from discriminating on the basis of gun ownership. Read More
Automobile Insurance
Nevada's Insurance Department Warns that Insurance Issues Surround Ride-Sharing Companies
With ride-sharing technology services gaining popularity across the country, the Nevada Division of Insurance has issued a statement to inform Nevada consumers that such for-profit ride-sharing arrangements "can put them at risk of being uninsured" because, when consumers use their own private passenger automobiles to transport individuals for a fee, "they risk driving without proper insurance." Read More
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View All Legislative/Regulatory Developments |
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Bob Deutsch to Join Hamilton Insurance as Chief Strategy Officer Read More |
Liberty Mutual Adds Data Compromise Coverage to its Insurance Agents Errors and Omissions Program Read More |
Poor Road Conditions Cost Consumers and the Insurance Industry $27 Billion, Survey Shows Read More |
New Kaiser Survey of People with Non-Group Insurance Finds Nearly Six in Ten People Enrolled in Marketplace Plans Were Previously Uninsured Read More |
XL Group Creates Cyber and Technology Risk Business Unit, Led by John Coletti 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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