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TODAY'S TOP DEVELOPMENTS Thursday, August 28, 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.  CASE LAW Automobile Insurance New Mexico Federal Court Finds Coverage for Dog Bite from Parked Car A federal district court in New Mexico has decided that an automobile insurance company was obligated to cover claims arising out of a dog bite from a parked car where the purpose of the insured’s trip was to transport the dog and where “the bite occurred because of the unique setting of the car” in that the dog “was specifically territorial over the vehicle.” Read More Automobile Insurance Insured Must Submit to Appraisal Before Suing Insurer, Federal District Court in Nevada Decides A federal district court in Nevada has ruled that an insured had to submit to an appraisal as demanded by his insurer before he could proceed with his lawsuit against the insurer for breach of contract and other causes of action. The court reasoned that until an appraisal was completed, it was impossible to know whether the insured’s claim had been undervalued such that his causes of action against the insurer were viable. Read More Business Income Insurer’s Appraisal Demand, One Month After Deciding There Was an Impasse, Was Timely, Court Rules A federal district court in Texas has ruled that an insurer’s appraisal demand, filed 10 months after a coverage suit had been filed by its insured but only about one month after it determined that negotiations had reached an impasse, was timely. Read More Commercial General Liability Publication Exclusion Bars Coverage for Damages Allegedly Resulting from Insured’s Controller’s Submission of False Statements to Insured’s Bank A federal district court in Ohio has ruled that a commercial general liability insurance policy’s “publication exclusion” barred coverage for an insured company’s claim that it had been libeled or disparaged by its controller’s submission of false statements regarding its financial position to its lender. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Automobile Insurance Illinois Governor Pat Quinn Vetoes “Uber” Bill Illinois Governor Pat Quinn has vetoed House Bill 4075, also known as the “Uber” bill. The bill would have imposed statewide regulations on commercial ridesharing and preempted local governments from adopting rules regulating the industry. Read More Automobile Insurance Car Dealer Pleads Guilty and Faces Prison for Using False Titles to Sell Cars Damaged in Superstorm Sandy to Unsuspecting Customers The operator of a used car dealership in Middlesex County, New Jersey, has pleaded guilty to using fraudulent vehicle titles to sell cars damaged in Superstorm Sandy to unsuspecting customers. State prosecutors said that a suspended New Jersey Motor Vehicle Commission technician who helped the dealer obtain the fraudulent vehicle titles also pleaded guilty, and that charges are pending against a former car salesman at the dealership. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Nelson Brown Elects Jeffrey S. Matty Partner Read More Enstar Group to Acquire Companion Property and Casualty Insurance Read More Applied Underwriters Completes Acquisition of Optimum Insurance Company Read More Catastrophe Insurer Palomar Specialty Insurance Now Is Licensed in 14 States Read More MAPFRE U.S.A. Enters Life Insurance Market Read More View All Industry News   Q & A Collision Damage Waiver and Coverage under the BAP Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire September Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@SummitProNets.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@SummitProNets.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 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 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@SummitProNets.com. 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