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TODAY'S TOP DEVELOPMENTS Tuesday, August 4, 2015

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.


Commercial General Liability
Nearly 35 Years After Manville's Bankruptcy Filing, Do We Now Have the Final Insurance-Related Ruling? Undoubtedly Not
Nearly 35 years after the filing of the Chapter 11 cases of Johns-Manville Corporation and its related entities, insurance-related litigation continues. Now, the U.S. Bankruptcy Court for the Southern District of New York has issued a decision on the motion of Marsh USA, Inc., to enforce provisions of Manville's Chapter 11 plan — which had been confirmed in 1986 — to find that claims against Marsh that had been filed in 2009 were barred by the plan and an accompanying bankruptcy court order. Read More

Fire Insurance

Insurer that Cited Arson to Deny Claims Defeats Bad Faith Action on the Strength of Its Investigation
A federal district court in Alabama has granted an insurer's motion for summary judgment on a bad faith cause of action brought by its insured based on the insurer's investigation of the two fires underlying the insured's claims and the insurer's conclusion that the insured had been involved in setting or causing the fires to be set. Read More

Insurer's Right to Equitable Subrogation from Alleged "Subsequent Tortfeasor" Is Headed to Florida Supreme Court
A Florida appellate court has asked the Florida Supreme Court to decide whether a party that has had judgment entered against it — or the party's insurer — could seek equitable subrogation from an alleged subsequent tortfeasor when the judgment had not been fully satisfied. Read More

Automobile Insurance
Girl Struck by Car While Crossing Street to Get on School Bus Was Entitled to PIP Benefits Under Policy Insuring Bus, Delaware Court Holds
In a case of first impression, a Delaware trial court has ruled that a student who was hit by a car while in the process of crossing the road to board a school bus, at the direction of the bus driver via intercom while the red stop lamps and stop arm on the bus were activated, was entitled to personal injury protection benefits from the insurance policy insuring the bus even though the student was not physically within the bus at the time of the accident and the bus was not involved in the accident. Read More

View All Case Law Developments

Federal Actions

Superstorm Sandy Magistrate Judge Gary Brown Is Nominated by President Obama to be District Judge for Eastern District of New York
President Obama has nominated U.S. Magistrate Judge Gary R. Brown of New York to be U.S. District Judge for the Eastern District of New York. Read More

Health Insurance
California Touts Low Health Insurance Rate Increases, Again
Covered California, the state's marketplace for the federal Patient Protection and Affordable Care Act, has announced its rates for 2016 and has unveiled the health insurance companies that will be offering plans through the marketplace. It said that the statewide weighted average increase will be 4 percent, lower than last year's increase of 4.2 percent and representing what it said in a statement was "a dramatic change from the trends that individuals faced in the years before the Patient Protection and Affordable Care Act."  Read More

View All Legislative/Regulatory Developments
PartnerRe Agrees to Be Purchased by EXOR for $6.9 Billion Read More

Consumer Reports Offers the "Truth About Car Insurance," Challenging Fairness of Premiums  
Read More

Americans' Financial Security Increasingly Tied to Employee Benefits, Guardian Study Finds Read More

Michael Karmilowicz to Lead Everest Specialty Underwriters 
Read More

ACE Names Future Leadership Team for North American Insurance Operations; Appointments Effective on Completion of ACE's Acquisition of Chubb Read More

View All Industry News
Auto Accident and CGL Coverage


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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
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

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