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TODAY'S TOP DEVELOPMENTS Friday, July 1, 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 insure's failure to cooperate. Read More

Professional Liability Insurance
New Jersey Supreme: Law Firm LLP Did Not Convert to GP by Failing to Maintain Malpractice Insurance; Tail Coverage Not Required When Winding Down
The New Jersey Supreme Court has ruled that the requirement under New Jersey law that a law firm limited liability partnership purchase professional liability insurance did not extend to the windup period when the law firm has ceased performing legal services. In addition, the court has ruled that there was no requirement that a law firm LLP purchase tail coverage to maintain malpractice insurance beyond dissolution. Read More

Homeowners Insurance
West Virginia Supreme: 10 Year Statute of Limitations, Not Policy's One Year Suit Limitation Period, Governed Insureds' Breach of Contract Action Against Insurer
The West Virginia Supreme Court, affirming a trial court's decision, has ruled that a one year suit limitation period in a homeowners' insurance policy was invalid and, therefore, that a 10 year statute of limitations applied to the insureds' breach of contract action against their insurer. Read More

Commercial General Liability
No Coverage for Environmental Cleanup Where Complaint Did Not Allege "Sudden and Accidental" Release, Second Circuit Decides
The U.S. Court of Appeals for the Second Circuit, reversing a decision by the U.S. District Court for the Southern District of New York, has ruled that an insurance company had no obligation to defend its insured under a commercial general liability insurance policy in an environmental lawsuit brought by the Commonwealth of Massachusetts where the complaint did not allege a "sudden and accidental" release of pollutants into the environment. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Federal Actions

Dodd, Frank, Bernanke, and Volcker Urge Reversal of District Court's Rejection of MetLife's SIFI Designation
The co-authors of the Dodd-Frank Wall Street Reform and Consumer Protection Act — former U.S. Senator Chris Dodd and former Representative Barney Frank — as well as nearly two dozen other current and former members of Congress and two former chairs of the Federal Reserve — Ben Bernanke and Paul Volcker — have urged the reversal of a district court decision rejecting the federal government's designation of MetLife, Inc., under Dodd-Frank. Read More

Health Insurance
New York Eliminates Insurance Costs for Mammograms
New York Governor Andrew M. Cuomo has signed legislation intended to expand access to breast cancer screenings by, among other things, removing insurance costs. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Majority of Life Insurance Underwriters Expect Increase in Frequency and Severity of Pandemics over Next Five to 10 Years, Munich Re Survey Finds  Read More

Drivers Age 50+ Want More High Tech Safety in Next Vehicle, According to New Survey  
Read More

Teen Drivers Are Still Expensive to Insure, But Costs Have Started to Drop, Study Finds  
Read More

Major Auto Insurers Raise Rates an Average of 59 Percent on Lower Income Good Drivers Based on Their Economic Status, CFA Says  
Read More

Vendor Problems Top List of Travelers' Wedding Insurance Claims  
Read More

View All Industry News
 
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Discussion
Cell Phone Restrictions by State

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 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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