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TODAY'S TOP DEVELOPMENTS Wednesday, August 31, 2016  

 
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
California Supreme Court Asked to Decide If There Was "Occurrence" When Insured Employer Was Sued for Negligence
The U.S. Court of Appeals for the Ninth Circuit has certified the following question of law to the Supreme Court of California: Whether there is an "occurrence" under an employer's commercial general liability policy when an injured third party brings claims against the employer for the negligent hiring, retention, and supervision of the employee who intentionally injured the third party.  Read More

Commercial Property
Insured Who Had Not Read Application or Policy Could Not Sue Insurer or Agent for Negligence or Fraud, Mississippi Appeals Court Rules
An appellate court in Mississippi, affirming a trial court's decision, has ruled that an insured's failure to read the insurance application she signed and her failure to read the policy she obtained precluded claims she asserted against her insurers and agent for negligence and fraud. Read More

Workers Compensation
Workers Comp Insurer Was Entitled to Reimbursement for Medical Expenses from Workers' Recovery from Third-Party Tortfeasors, N.J. Appeals Court Decides
An appellate court in New Jersey has ruled that when a worker was injured in the course of his or her employment in a motor vehicle accident and workers compensation coverage was available, the right of the injured worker to pursue claims against the third-party tortfeasor and the right of the workers compensation insurer to be reimbursed were governed by the Workers'Compensation Act. Accordingly, the appellate court also ruled, the workers compensation insurer had a right to be reimbursed for the appropriate portion of the medical expenses it had paid under that law. Read More

Commercial General Liability
"Defective Workmanship" That Damaged Other Property Was "Occurrence," Eighth Circuit Rules
The U.S. Court of Appeals for the Eighth Circuit, reversing a decision by the U.S. District Court for the Southern District of Iowa, has ruled that allegedly "defective workmanship" that resulted in damage not "only to the work product itself" but also to other property was an occurrence. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Insurance Fraud

Philadelphia Doctor Convicted in Scheme to Defraud Social Security
A jury has convicted Dr. Frederick Douglas Burton, of Conshohocken, Pennsylvania, of two counts of mail fraud and attempted mail fraud for lying to help a friend apply for Social Security disability benefits. Read More

Insurance Fraud
Missouri Department of Insurance Fines Insurer for Charging for Life Insurance That Would Not Provide Any Benefit
The Missouri Department of Insurance's Division of Market Regulation investigated CMFG Life Insurance Company, formerly known as CUNA Mutual Insurance Society, for allegedly charging life insurance premiums to the accounts of individuals who had passed away. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
The Cities with the Safest Drivers Are…  Read More

Navigators Announces New Global Claims Leadership  
Read More

Allied World Bermuda Appoints Dale Chow to Senior Vice President of Professional Lines  
Read More

Protective Life to Acquire United States Warranty  
Read More

American Integrity Insurance Launches Umbrella Coverage for Florida Homeowners  
Read More

View All Industry News
 
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Form Analysis
Public or Livery Conveyance Exclusion Endorsement

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Browse our entire library of over 2,500 insurance resources and forms.
 
 INSURANCE COVERAGE
 LAW REPORT
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View Entire Summer Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@alm.com
60px_newSpears 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, Cope Ehlers, 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
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