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TODAY'S TOP DEVELOPMENTS Monday, June 27, 2016  

 
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

Automobile Insurance
How Diligent Must an Insurer Be When Seeking an Insured's Cooperation? Arkansas Appeals Court Provides an Answer
An appellate court in Arkansas, affirming a trial court's decision, has ruled that various steps an insurer took in an effort to locate, contact, and communicate with the insured in connection with a personal injury action against its insured were sufficient for the insurer to disclaim coverage based on the insured's failure to cooperate. Read More

Homeowners Insurance
Insureds' Bankruptcy Discharge Did Not Alter Mortgagee's Right to Insurance Proceeds After Fire Destroyed Their Home, Wisconsin Appeals Court Says
An appellate court in Wisconsin, affirming a trial court's decision, has ruled that a bank holding a mortgage on a home destroyed by a fire was entitled to the insurance proceeds — notwithstanding that the insured homeowners had received a discharge in bankruptcy of the debt underlying the mortgage. Read More

Homeowners Insurance
Insured "Resided" in Two Homes, Including the One Where Pipes Burst, Michigan District Court Decides
A federal district court in Michigan has agreed with an insurer that the phrase "residence premises" was not ambiguous but has rejected the insurer's contention that the insured only could be a resident of one home at a time. Read More

Automobile Insurance
Parked Truck Was Incidental to Insured's Alleged Injuries, Michigan Appeals Court Rules
An appellate court in Michigan, affirming a trial court's decision, has ruled that an insured was not entitled to recover uninsured motorist benefits for injuries he claimed he suffered when he tripped on ruts caused by a truck that had come to a stop on his front lawn. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Automobile Insurance

Michigan Governor Snyder Vetoes Bill That Would Have Limited Use of Aftermarket Parts for Vehicle Repairs
Michigan Governor Rick Snyder has vetoed a bill that would have amended Michigan law to provide that, for the first five years of a vehicle's original manufacturer's warranty, automotive repair facilities would have to make repairs on certain parts with only new or recertified original equipment manufacturer parts, or parts that had been tested and verified as meeting or exceeding OEM quality, unless the vehicle's owner directed in writing to install an aftermarket part. Read More

Health Insurance
Seven Democratic Senators Call on Justice Department to Block Proposed Health Insurer Mergers
U.S. Senators Richard Blumenthal (D-CT), Al Franken (D-MN), Elizabeth Warren (D-MA), Sherrod Brown (D-OH), Edward J. Markey (D-MA), Dianne Feinstein (D-CA), and Mazie K. Hirono (D-HI) have called on the Department of Justice ("DOJ") to block two proposed health insurer mergers currently undergoing review. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
National Insurance Coverage Team Joins Wilson Elser  Read More

FC&S Legal Publishes "No Coverage for the Sale of Counterfeit Goods" 
Read More

Iron-Starr Excess Agency Forms Underwriting Alliance With Oil Casualty Insurance Ltd. 
Read More

Prime Property & Casualty Insurance Enters Florida Commercial Auto Market Specializing in Hard-To-Place Risks 
Read More

Europ Assistance USA Is Rebranding as Generali Global Assistance  
Read More

View All Industry News
 
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Form Analysis
Limited Loss Settlement for Windstorm or Hail Losses to Roof Surfacing

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Browse our entire library of over 2,500 insurance resources and forms.
 
 INSURANCE COVERAGE
 LAW REPORT
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View Entire Summer Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
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, 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.
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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