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TODAY'S TOP DEVELOPMENTS Monday, August 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

Exclusions
Gunfight at the Paradise Lounge: Assault and Battery Exclusion Precluded Coverage
A federal district court in Alabama has ruled that an assault and battery exclusion precluded coverage for claims stemming from a gunfight at a lounge that left two dead. Read More

Life Insurance
"Suicide, While Sane or Insane" Barred Benefits for Insured Who Killed Himself While Severely Intoxicated, Puerto Rico District Court Decides
A federal district court in Puerto Rico has ruled that insurers did not have to pay death benefits where their policies precluded coverage for suicide committed "while sane or insane" within two years of the issue date, even if the insured had killed himself during that period while he was severely intoxicated. Read More

Automobile Insurance
California Appeals Court Upholds $3 Million Bad Faith Judgment Based on Insurer's Refusal to Modify Proposed Release
An appellate court in California has affirmed a $3 million bad faith judgment against an insurance company that had offered policy limits to victims of their insured's drunk driving but that had not been willing to modify its proposed release to exclude a waiver of court-ordered restitution. Read More

Automobile Insurance
Insurance Settlement and Covenant Not to Execute Between Tort Victim and Insured Did Not Prohibit Restitution Order in Insured's Criminal Case
In a case of first impression in the state, an appellate court in South Carolina, affirming a trial court's decision, has ruled that an insurance settlement and a covenant not to execute between a tort victim and the insured prior to the insured's sentencing in a criminal case did not preclude an order of restitution in the criminal case. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

New York Seeks Insurer Compliance with Mental Health Equity Standards
The New York State Department of Financial Services has issued guidance seeking to make certain that insurers do not unfairly discriminate against individuals facing mental health disorders. Read More

In the States
Whistleblower Lawsuit Leads to $30 Million Settlement with Bristol-Myers Squibb
The California Insurance Department has reached a $30 million settlement with Bristol-Myers Squibb over allegations of drug marketing fraud and physician kickbacks. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
The Hartford Amends Bylaws to Allow Shareholders Proxy Access Read More

AIG Launches Primary Cyber Coverage for Property and Liability Exposures 
Read More

Berkshire Hathaway Specialty Insurance Enters Transactional Liability Insurance Market, Names Attorney Robert Underhill to Head Product Area 
Read More

Thomas Metzler Joins MetLife Investment Management as Managing Director in the Institutional Client Group 
Read More

"Injury Compensation Culture" Blitzed Consumers with Nearly 720 Million Nuisance Calls and Texts, Aviva Claims 
Read More

View All Industry News
 
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Q&A
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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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