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TODAY'S TOP DEVELOPMENTS Wednesday, August 27, 2014

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
“Completed Operations” Exclusions Barred Coverage for Personal Property Losses Alleged on Behalf of Condo Residents, Even Though Common Areas Remained Unfinished
The U.S. Court of Appeals for the Seventh Circuit, affirming an Illinois district court’s decision, has ruled that “completed operations” exclusions in a developer’s insurance policies barred coverage of claims that personal property in certain condominium units had been damaged, finding that the units in question “had been completed” and that coverage for any personal property damage allegedly sustained therein was excluded by the exclusions. Read More

Case Study

What Allegations Amount to a Claim of Defective Workmanship?
Courts continue to debate whether allegations of defective workmanship are covered as an “occurrence” under a commercial general liability insurance policy. But what allegations constitute a claim of defective workmanship? A recent decision by a federal district court in Michigan, applying Michigan law, helps answer that question. Read More

Homeowners Insurance
Court Approves Settlement of Nationwide Class Action against Citibank Over Force-Placed Insurance
Judge David Hurd of the U.S. District Court for the Northern District of New York has granted final approval of a nationwide class action settlement in a pair of consolidated federal cases, Casey v. Citigroup, Inc., No. 12-cv-820 (N.D.N.Y.) and Coonan v. Citibank, N.A., No. 13-cv-353 (N.D.N.Y.), involving force-placed insurance. Read More

Automobile Insurance
Statute of Limitations on UIM Claim Begins to Run When Insurer Denies Claim for UIM Coverage, Kentucky Appeals Court Rules
Deciding an issue of first impression in Kentucky, a Kentucky appeals court has ruled that the statute of limitations begins to accrue on an underinsured motorist (“UIM”) claim when the insurer denies a claim for such coverage. Moreover, the appellate court decided, although an insurer can shorten the limitations period by contract, Kentucky law operates to prevent a foreign insurer from relying on policy provisions that bar UIM claims filed less than a year from the accrual of the cause of action. Read More

View All Case Law Developments

In the States

Red Rock Insurance Company, Formerly BancInsure, Inc., Placed in Receivership in Oklahoma
An Oklahoma court has placed Red Rock Insurance Company, formerly known as BancInsure, Inc., into receivership and has appointed Oklahoma Insurance Commissioner John Doak as receiver. Read More

In the States

Texas Department of Insurance Names Chris Davis as Associate Commissioner of TDI’s Fraud Unit
The Texas Department of Insurance has selected Chris Davis to be the new associate commissioner of TDI’s fraud unit. Read More

View All Legislative/Regulatory Developments
Armed Forces Benefit Association Elects SMA Kenneth O. Preston and CMSAF James A. Roy to Board Read More

ACE Launches Suite of Professional Indemnity Insurance Wordings for Media Professionals 
Read More

Andrew Brem Appointed Chief Digital Officer at Aviva 
Read More

XL Group Collaborates with Citation Jet Pilots Association to Provide Aviation Insurance 
Read More

Tiffany Alvey Becomes Vice President of Field Claims and Risk Services at Fireman’s Fund; Frank Sapio Has Expanded Responsibilities Read More

View All Industry News
Q & A
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View Entire September Insurance Coverage Law Report
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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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill & Olick, P.C.
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
David D. Thamann, The National Underwriter Company

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