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TODAY'S TOP DEVELOPMENTS Thursday, June 26, 2014   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 Commercial General Liability Second Circuit Finds Insurer Was Obligated to Defend Insured Against Former Employee's ERISA Claims The U.S. Court of Appeals for the Second Circuit, reversing a district court decision, has ruled that an insurance company was obligated to defend its insured in a suit in which the plaintiff alleged that the insured had misclassified her as an independent contractor rather than as an employee, thus depriving her of pension benefits under the insured's employee benefits plan. Read More Commercial General Liability Sixth Circuit Rejects Aggregation of TCPA Claims to Meet Amount-in-Controversy Requirement in DJ Action The U.S. Court of Appeals for the Sixth Circuit has ruled that there was no diversity jurisdiction over a declaratory judgment action stemming from a class action lawsuit against the insured under the federal Telephone Consumer Protection Act, ruling among other things that the individual consumer claims against the insured could not be aggregated to meet the amount-in-controversy requirement. Read More Professional Liability Insurance Law Firm Is Entitled to Coverage of Claims Its Advertising Violated the Lanham Act, Court Rules A federal district court in Missouri has ruled that claims that a law firm violated the Lanham Act in its advertising were excluded from the firm's professional liability insurance policy because the advertising did not arise out of the rendering or failure to render professional legal services. The court, however, then found that there was coverage of the underlying claims against the law firm because, otherwise, the policy coverage was illusory. Read More Eye on the Experts New York Appeals Court Sustains Asbestos Plaintiffs' Direct Suit against Liability Insurer of Dissolved Corporate Defendant This article explains the implications of a recent New York appellate court case that addressed the question of whether an asbestos bodily injury plaintiff can directly sue the liability insurer of a dissolved corporate defendant. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Federal Actions Treasury Secretary Lew Supports SIFI Designation Power in Testimony to House Committee Treasury Secretary Jacob J. Lew, in testimony before the House Financial Services Committee on the 2014 annual report of the Financial Stability Oversight Council, rejected the idea that the Council should not "ask questions about whether certain activities or companies might pose risks to the stability of the U.S. financial system" and said that the creation of the Council has led to "senior regulators from across the system...meet[ing] regularly to facilitate a more coordinated approach to monitoring, identifying, and responding to potential threats to financial stability." Read More Insurance Fraud Former North Carolina Insurance Agent Charged with Stealing Premiums James Howard Ellington, of Raleigh, North Carolina, has been arrested and charged with 10 counts of obtaining property by false pretense. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Aflac Releases New Rider for Accident, Disability, and Hospital Plans Read More PetPremium Offers Enhanced Pet Insurance Coverage Read More Validus Holdings to Acquire Western World Insurance Group Read More Auto Insurance Satisfaction Reaches All-Time High, J.D. Power Report Says Read More XL Group Appoints John E. Goodloe President of Excess & Surplus Lines Read More View All Industry News   Q&A Secondary Loss Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire July Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@SummitProNets.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@SummitProNets.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 Donald S. Malecki, Malecki, Deimling, Nielander & Associates, LLC 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 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. 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%%. ©2014 Summit Professional Networks, All rights reserved. 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