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TODAY'S TOP DEVELOPMENTS Tuesday, August 2, 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
"Initial Permission Rule" Trumped Policy's "Reasonable Belief" Exclusion, Yielding Coverage to Innocent Injured Third Person, N.J. Appeals Court Affirms
An appellate court in New Jersey, affirming a trial court's decision, has ruled that an injured party was entitled to coverage under an auto insurance policy issued to the owner of a car who had granted permission to an unlicensed driver to drive the car, notwithstanding that the unlicensed driver could not have had a reasonable belief that he was entitled to drive the vehicle. Read More

Exclusions
Police Officer's Shooting of Person Was Covered Where Policy Had "Law Enforcement Activities" Exception to "Intentional Injury" Exclusion
A federal district court in Illinois has ruled that an insurance policy issued to a village covered claims for bodily injury resulting from a police officer's shooting of a person where the policy contained a "law enforcement activities" exception to the "intentional injury" exclusion. Read More

Commercial General Liability
Alcohol and a Gun: Two Exclusions Precluded Coverage for Shooting at Restaurant, Illinois District Court Decides
The U.S. District Court for the Southern District of Illinois has ruled that the total liquor liability exclusion and the assault and battery exclusion in a commercial general liability insurance policy issued to the owner of a building housing a restaurant precluded coverage for claims that a patron who had been drinking alcohol shot and killed one person and injured another. Read More

Automobile Insurance
Wisconsin Appeals Court Finds That One Insurer Provided Excess UIM Coverage and Insurer That Provided Pro Rata UIM Coverage Was Primary UIM Carrier
An appellate court in Wisconsin, affirming a trial court's decision, has ruled in a coverage dispute that one insurance carrier provided excess uninsured motorist coverage and that another insurer that provided pro rata UM coverage was the primary UM insurer. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

Florida Office of Insurance Regulation Financial Analyst Jeff Rainey Joins Colodny Fass' Insurance Regulatory Team
Former Florida Office of Insurance Regulation financial analyst Jeff Rainey has joined Colodny Fass in the law firm's Tallahassee office. Read More

Title Insurance
U.S. Title Insurers Now Must Identify High-End Cash Buyers in Six Major Metropolitan Areas
The Financial Crimes Enforcement Network has announced "Geographic Targeting Orders" that will temporarily require U.S. title insurance companies to identify the natural persons behind shell companies used to pay "all cash" for high-end residential real estate in six major metropolitan areas. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
MetLife U.S. Retail Business to Rebrand as Brighthouse Financial Read More

Nation on Autopilot: Over Half of U.K. Drivers Have Had a Near Miss or Accident Due to "Switching Off" During Routine Journeys, Aviva Study Reveals 
Read More

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

AIG Releases 2015 Corporate Citizenship Report 
Read More

NICB's 10 Most Stolen Vehicles in America: Imports and Pickups Still Dominate 
Read More

View All Industry News
 
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Discussion
Concurrent Proximate Cause Rule

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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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