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| TODAY'S TOP DEVELOPMENTS |
Thursday, August 20, 2015 |
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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.
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Farm
Eighth Circuit Distinguishes Between “Express” and “Implied” Permission to Find Coverage for 12 Year Old’s Fatal ATV Accident
The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the District of Minnesota, has ruled that an exclusion for a person operating an all-terrain vehicle with an insured’s “express permission” did not apply where a 12 year old girl’s father and grandfather only had given the girl tacit permission to operate the ATV before it was involved in a fatal accident. Read More
Professional Liability Insurance
Malpractice Insurer Ordered to Defend Attorney and Her Law Firm in Connection with Civil Contempt Action Brought in Bankruptcy Court
A federal district court in Washington has ruled that a malpractice insurance carrier must defend a lawyer and her firm in connection with a civil contempt action brought in a bankruptcy court that alleged that they had violated the discharge injunction issued in favor of a debtor in bankruptcy. Read More
Life Insurance
Fifth Circuit: No Coverage Where Widow Failed to Show that Husband’s Death Occurred While He Was “Exiting” His Car
The U.S. Court of Appeals for the Fifth Circuit, affirming a decision by the U.S. District Court for the Southern District of Texas, has ruled that a widow was not entitled to benefits under her husband’s life insurance policy where she could not demonstrate that he had died while “exiting” from his car and he apparently had died from a fall after he had exited his car. Read More
Commercial General Liability
Insurer Must Defend Supplier Against Allegations It Provided Tainted Apples that Were Incorporated into Baby Food that Was Recalled
A federal district court in New York has ruled that an insurance company that issued a commercial general liability insurance policy and an excess/umbrella policy to a company that supplied apples to a baby food manufacturer was obligated to defend the supplier in a lawsuit that alleged that some of the supplier’s apples had been contaminated and incorporated into baby food that the baby food manufacturer had to recall. Read More |
View All Case Law Developments |
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Superstorm Sandy
New Jersey Delegation Calls for Extension of FEMA Sandy Claims Review Deadline
U.S. Senators Bob Menendez and Cory Booker and Representatives Frank Pallone, Bill Pascrell, Frank LoBiondo, Albio Sires, Leonard Lance, Donald Payne Jr., Rodney Frelinghuysen, Donald Norcross, Scott Garrett, Bonnie Watson Coleman, and Chris Smith of New Jersey have sent a letter to Federal Emergency Management Agency (“FEMA”) Administrator Craig Fugate requesting a three month extension of the September 15 deadline for Sandy victims to opt-in to FEMA’s Sandy Claims Review. Read More
Health Insurance
Connecticut Lifts Age Limit of 40 for Coverage for Infertility Treatment
The Connecticut Insurance Department has issued a bulletin to all health insurance companies authorized to conduct business in Connecticut regarding health insurance coverage for infertility treatment and procedures. In particular, the bulletin addressed the use of age-based benefit restrictions in the infertility treatment mandate. Read More |
View All Legislative/Regulatory Developments |
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| Insurance Regulatory Attorney Nicole Zayac Joins Michelman & Robinson as Senior Counsel Read More |
Sutherland Adds Former Insurance Industry Executive Maureen Emmert Adolf as Senior Policy Adviser” Read More |
Hallmark Financial Services Launches Specialty Property Unit Read More |
FC&S Legal Publishes “Facilitating Deal-Making Through the Use of Representation and Warranty Insurance” Read More |
FC&S Legal Publishes “New York Enacts Regulatory Safe Harbor for Group Life and Group A&H Insurance Sales to Multinational Clients Covering Non-U.S. Employee” Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire July/August Insurance Coverage Law Report |
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| View Insurance Coverage Law Report Archives |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com |
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| 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. |
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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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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.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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