Problems viewing this email?  Click Here

TODAY'S TOP DEVELOPMENTS Friday, July 14, 2017     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 Texas Supreme Court Explains When Judgment Against Insured Is Recoverable from Insurer In a significant insurance coverage decision, the Texas Supreme Court has held that the absence of “any meaningful incentive” for an insured to defend itself in a damages suit that led to a judgment against it doomed a subsequent lawsuit to recover that judgment from its insurer. Read More Automobile Insurance Good Samaritan Law Pushes Rhode Island Supreme Court to Broadly Define “Occupying” The Rhode Island Supreme Court, relying in large part on the state’s Good Samaritan law, has issued a decision broadly defining the term “occupying” for purposes of an automobile insurance policy’s underinsured motorist provisions. Read More Exclusions Exclusion Precluded Coverage for Earth Movement Caused by Either Natural or Man-Made Events, West Virginia’s Top Court Rules In a case of first impression, the Supreme Court of Appeals of West Virginia has ruled that an insurance policy’s earth movement exclusion unambiguously precluded coverage for earth movement caused by either natural or man-made events, and that the policy’s ensuing loss provision provided only a “narrow exception” to the earth movement exclusion. Read More Homeowners Insurance Kentucky Supreme Court Rejects Majority Definition of “Collapse” The Kentucky Supreme Court has ruled that a house with significant termite damage had not collapsed for purposes of a homeowner’s insurance policy, rejecting what it referred to as the majority rule defining collapse. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Federal Actions OIG Says That FEMA’s Lack of Process for Tracking Public Assistance Insurance Requirements Places Billions of Tax Dollars at Risk The Office of Inspector General of the U.S. Department of Homeland Security has conducted a verification review to determine whether the Federal Emergency Management Agency has implemented recommendations to reduce what it said was the risk of the federal government paying for disaster damages that should be covered by a previous insurance requirement. Read More Automobile Insurance Legalizing Recreational Marijuana Is Linked to Increased Auto Crashes Legalizing recreational marijuana use in Colorado, Oregon, and Washington has resulted in collision claim frequencies that were about three percent higher overall than would have been expected without legalization, according to a new Highway Loss Data Institute analysis. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS XL Catlin Promotes Excess & Surplus Property Insurance Regional Leader in Boston  Read More AXIS Insurance Promotes Robert Hartman to Chief Operating Officer  Read More FC&S Legal Publishes “Dismantling the NFIP Monopoly”  Read More Public Service Employee Pensions Only a Step to Retirement Security, Survey Says  Read More Seventy-Two Percent of College Students and Recent Grads Have Challenges Finding Affordable Health Insurance, Poll Finds  Read More View All Industry News   Discussion Drunk Driving May be Covered Under the CGL Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Spring Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com 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, Cope Ehlers, 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    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%%. Copyright © 2017 ALM Media, LLC. All rights reserved. Privacy Policy 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874