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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.  CASE LAW 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 Subrogation 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    LEGISLATIVE/REGULATORY 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      INDUSTRY NEWS 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   Q&A Auto Accident and CGL Coverage Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire July/August 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 ©2015 Summit Professional Networks, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874