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TODAY'S TOP DEVELOPMENTS Tuesday, July 26, 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 Exclusions Montana Supreme: “Earth Movement” Exclusion Precludes Coverage for “Any and All” Types of Earth Movement – Including Large Boulder That Hit Cabin The Montana Supreme Court, affirming a trial court’s decision, has ruled that a policy’s “earth movement” exclusion “broadly” precluded coverage for “any and all types of earth movement” – including for damage caused by a large rock falling down a hillside into the insured’s cabin. Read More Farm South Dakota Supreme: Neither Shooter Nor His Mother Was an Insured under Grandmother’s Policy The South Dakota Supreme Court, affirming a trial court’s decision, has ruled that a young man who shot another person was not an insured under his grandmother’s insurance policy where neither the shooter nor his mother was a resident of the grandmother’s household. Read More Commercial General Liability West Virginia’s Lawsuit Against Pharmaceutical Distributor Relating to “Epidemic of Prescription Drug Abuse” Was Covered by Distributor’s Policy, Seventh Circuit Rules The U.S. Court of Appeals for the Seventh Circuit, reversing a decision by the U.S. District Court for the Central District of Illinois, has ruled that an insurance company was obligated to defend a pharmaceutical distributor in a lawsuit brought by West Virginia that sought to hold the distributor (and other distributors) liable for contributing to what West Virginia characterized as an “epidemic of prescription drug abuse.” Read More Exclusions Umbrella Policy’s Pollution Exclusion Did Not Preclude Coverage as Insurer’s Pollution Policy Constituted “Underlying Insurance” A federal district court in Oklahoma has ruled that an insurer that had issued an umbrella policy was obligated to cover claims against its insured notwithstanding the policy’s pollution exclusion where the insurer also had issued a pollution liability policy to the insured that constituted “underlying insurance” for purposes of the umbrella policy.  Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Federal Actions Three Charged in Alleged $1 Billion Medicare Fraud and Money Laundering Scheme The owner of more than 30 Miami-area skilled nursing and assisted living facilities, a hospital administrator, and a physician’s assistant have been charged with conspiracy, obstruction, money laundering, and health care fraud in connection with an alleged $1 billion scheme involving numerous Miami-based health care providers. Read More International Ruwan Jayasekera Is Appointed Head of Insurance Supervision in Cayman Islands Ruwan Jayasekera has been confirmed as Head of the Insurance Supervision Division at the Cayman Islands Monetary Authority. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Simon Mobey to Lead XL Catlin’s Private Clients Team  Read More The 2016 Hiscox Embezzlement Study: A Report on White Collar Crime in America  Read More Kingstone Insurance Signs Multiple Reinsurance Treaties  Read More AXIS Insurance Appoints Mark Paccione as Executive Vice President of Commercial Management Liability  Read More Canary Partners with Liberty Mutual Insurance  Read More View All Industry News   ISO Form PP 05 79 08 14 Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Summer 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, 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    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 © 2016 ALM Media, LLC. All rights reserved. Privacy Policy 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874